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Library No. J.2i/. 

CIVICS OF PENNSYLVANIA 



BY 

WARD WRIGHT PIERSON 

Instructor of Political Science, University of Pennsylvania 



GINN & COMPANY 

BOSTON • NEW YORK • CHICAGO • LONDON 









Copyright, iqo6 
By GINN & COMPANY 



ALL RIGHTS RESERVED 



66.1 



Trtnsftr 
JUL 18 1920 



GINN & COMPANY • PRO- 
PRIETORS • BOSTON • U.S.A. 



PREFACE 

Civil government has been looked upon generally as the 
science of national activity. Not only has the state as a 
governing authority received little attention, but its rela- 
tion to the nation has been viewed in a distorted perspec- 
tive. Naturally the student has come to look on state 
sovereignty and national supremacy as wholly external to 
himself, and apart from each other, instead of consonant 
elements in a great system. An examination of the powers 
exercised and the duties rendered by those local organs 
with which he is more or less acquainted by actual contact 
will enable him to place both sovereignties in their proper 
positions with reference to each other. While this brief 
exposition of the government of Pennsylvania has been 
prepared to serve as a supplement for those who are 
already familiar with the important elements of civics, its 
further purpose is to aid the student to understand the 
details of our complete coordinate system of government. 

WARD W. PIERSOX 
University of Pennsylvania 
September, 1906 



CONTEXTS 

Chapter Page 

I. Proprietary Government i 

II. Local Government in the Province u 

III. The Governor 17 

IV. Administrative Departments, Executive Boards, 

and Commissions "... 24 

V. The Legislature 36 

VI. The Judiciary 57 

VII. The County . . . 

VIII. Tin: Townmiip 86 

IX. Municipalities 92 

X. Education • 101 

XI. Suffrage and Elections 105 

XII. Taxation 109 

APPENDIX I. Salaries of County Officers . . . 112 

APPENDIX II. Constitution of Pennsylvania . . . 113 

INDEX 177 



CIVICS OF PENNSYLVANIA 

CHAPTER I 

PROPRIETARY GOVERNMENT 

Establishment. To William Penn and his co-religionists, 
the Friends, belongs the full credit of having successfully 
established the colony of Pennsylvania, but several years 
before his arrival both the Swedish and Dutch settlers had 
crossed the Delaware and established their homes along its 
western bank. It remained, however, for the Society of 
Friends, the Moravians, and Mennonites, and other religious 
sects seeking freedom from persecution, together with the 
frugal German colonists, to put the new province upon a firm 
basis. 

Although the customs peculiar to the Quakers seem strange, 
it is to those customs, still kept alive in a small measure, that 
Pennsylvania owes its distinctive individuality as a state. 
The Quakers drank no healths. The use of tobacco in any 
form was discouraged. 1 Attempts at ornamentation were 
viewed with suspicion because frivolous, and anything of this 
nature the Quaker considered to be injurious. They dis- 
approved of dancing, swordplay, and field sports. Members 
of the Society always recommended silence, by example as 
well as by precept. The Quaker creed was to revere prin- 
ciples and not titles or preeminence. "They," said Oliver 

1 A man found smoking in the streets of Philadelphia was fined twelve 
pence and admonished not to repeat the offense. 



2 CIVICS OF PENNSYLVANIA 

Cromwell, "are a people whom I cannot win with gifts, 
honors, or places.' ' * While the citizens of Pennsylvania at 
the present time retain much of the Quaker conservatism, 
the other characteristics of the people who came to form the 
new colony have largely been lost. 

William Penn. Every one knows how William Penn, the 
son of a wealthy and successful sailor, became the zealous 
leader of a despised and persecuted sect, and how he became 
a favorite at the king's court. He combined all the qualities 
of a courtier, a religious fanatic, and a shrewd man of the 
world. At the same time he was liberal-minded, prudent, 
and just. His interest in colonization, which led to the found- 
ing of Pennsylvania, was first aroused when he began to take 
an active part in regulating the confused affairs of New Jer- 
sey, where a considerable number of Quakers had already 
settled. 

Reasons for Founding. Three reasons for founding the 
colony of Pennsylvania stand out plainly: (a) William Penn 
would thereby secure land for a colony in payment of a debt 
due his father, Admiral Penn, from the crown, (b) He would 
thus be able to escape persecution, which had borne heavily 
upon him, and at the same time find a quiet home for his 
Quakers, (c) The accounts of the new country had created 
in him a strong desire for adventure. It was in the early 
summer of 1680 that Penn sent his petition to the king, 
Charles II, asking that in place of approximately eleven 
thousand pounds, representing losses his father had sustained 
in Ireland in the service of the king, a tract of land lying west 
of the Delaware River be granted him for a settlement. The 

1 Penn's father once desired that his son remove his hat in the presence of 
three persons. Penn replied, " Neither to my father, the duke, nor the king." 



PROPRIETARY GOVERNMENT 3 

king consented and granted a charter on March 4, 1681, 
thereby giving to Penn, his heirs, and assigns forever forty 
thousand square miles of territory. 

Penn believed in treating the Indians fairly, and so he 
made a purchase treaty with them, paying a fair price 
for their land in ornaments, guns, etc. In measuring 
the land so purchased, trained walkers were employed, 
which caused much dissatisfaction on the part of the In- 
dians, but they did not break their agreement. In fact, 
this treaty bears the distinction of being the only one 
made between the colonists and the original Americans 
which was never broken. By the royal charter, Penn and 
his heirs were given full power to govern and to make 
ordinances for government, subject to the single excep- 
tion that such ordinances must be agreeable to the laws of 
England. 

During April, 1681, Penn obtained from the king an 
order to those already settled in the land covered by his 
grant "to yield all due obedience to their new governor." 
Several commissioners were at once sent out to the new 
colony under the leadership of William Markham, Penn's 
cousin. As deputy governor, he had authority to appoint a 
council of nine persons to proclaim the king's order, establish 
courts, appoint officers, adjust boundaries, and in general 
set the machinery of government in motion. Three ships 
preceded Penn, who did not set sail until the autumn of 1682, 
arriving at the mouth of the Delaware about the first of 
November. 

Frame of Government. It was necessary at the outset that 
the purchasers should know something of the political con- 
stitution under which they were to live. Accordingly, Penn 



4 CIVICS OF PENNSYLVANIA 

drew up a Frame of Government which was published in 1682. 1 
This Frame consisted of twenty-four articles and forty laws. 2 
The government was to be just and righteous in conformity 
with Quaker principles. It was to be a government to which 
the people were a party. Liberty of conscience was granted 
to all. Capital punishment was to be inflicted for murder 
and treason only; other penalties were imposed on the theory 
of reformation and not of retaliation. Trial by jury was as- 
sured not only to white men but to Indians as well. The 
whole scheme was built on the principle that government 
depends upon men, not men upon government. "Let men 
be good, and the government cannot be bad. Though good 
laws do well, good men do better. Good men will never 
want good laws nor suffer ill ones." The government was 
vested in the governor and freemen of the province. The 
freemen were to elect by ballot a Provincial Council and a 
General Assembly. The former was to consist of seventy- 
two members 3 to serve for a term of three years, — a third part 
to be renewed each year ; the latter, of all the freemen the 
first year when the Frame was to be accepted, and of two 
hundred of them the next year, the number being increased 
as the population increased, but not to exceed five hundred. 
The governor was to be the perpetual president of the Pro- 

1 This Frame of Government bears the date of April 25, 1682. 

2 The forty laws "agreed upon in England by the governor and diverse 
freemen of the province" are dated May 3, 1682. The substance of these 
laws was enacted by the First and Second Assembly, which met immediately 
after Penn's arrival. 

3 This number was reduced to 36, then to 18, and finally discontinued in 
1 701 as an elective body. For a while the authority was centered in the 
body as a whole, then in the deputy governor only, being transferred 
from one to the other several times. 



PROPRIETARY GOVERNMENT 5 

vincial Council and to have a treble vote. Two thirds of the 
Council were necessary to make a quorum, and two thirds of 
this quorum necessary to pass on all matters of importance. 
This body, with the governor as its president, was empowered 
to propose and lay before the General Assembly all bills that 
it thought should be enacted into law.-. 

Penn visited his colony for the first time in 1682. He found 
a treaty of friendship had already been completed, and a 
tract of land purchased. One of his first acts was to call an 
Assembly. 1 This he accomplished by issuing writs to the 
sheriffs of the three lower counties (now Delaware), directing 
them to summon all freeholders to a conference. Penn pre- 
sented to the Assembly the laws agreed upon in England 2 and 
ninety others, most of which were embodied in the "Great 
Law" 3 of the province of Pennsylvania. This law allowed 
freedom of worship to all that acknowledged one God. Any 
one to be an elector, or officer, or member of the Provincial 
Council, was required to be a believer. He was also required 
to be twenty-one years of age, and must not have been con- 
victed of any crime or judged "unsober." Card-playing, 
scolding, lying, health-drinking, etc., were prohibited. All 
children were to be taught some useful trade, "so that none 
might come to want." Prisons were to be considered work- 
shops, where offenders might be industriously and morally 

1 When this Assembly met, Nicholas Moore, president of the Free Society 
of Traders of Pennsylvania, was chosen speaker. All the business trans- 
acted was completed in three days, a most commendable example. Cornell, 
" History of Pennsylvania," 95. 

2 Penn had drawn up " certain conditions and concessions to be agreed 
upon by William Penn and those who may become adventurers and pur- 
chasers in the same province." 

3 Passed at Chester, December 7, 16S2. 



6 CIVICS OF PENNSYLVANIA 

employed. Courts were erected by the governor and Council. 
Duplicates of all laws were to be sent to the Privy Council 
in England within five years after their enactment, and, if not 
vetoed within six years after their receipt, they were to remain 
in full force. In behalf of the Indians, it was stipulated that 
whatever was sold them should be in the public market place, 
if good to pass; if not good, then not to be sold for good. 
Differences between planters and Indians were to be ad- 
justed by six planters and six Indians. Such, in brief, is 
the Frame of Government under which the colony came into 
existence. 

The laws, in addition to the Frame of Government, con- 
tained rules of order and defined the qualifications of 
voters who were to be landholders or those who paid 
"scot" or "lot" to the governor. They provided for origi- 
nal procedure ; they established freedom of worship ; abol- 
ished oaths in accordance with the Quaker faith, and con- 
tained many other like provisions. These two documents 
were the fundamental law. Amendment was permitted only 
with the consent of the governor and six sevenths of the 
freemen in both the Provincial Council and General Assembly. 

Provincial Council. The duties of the Provincial Council 
were: (a) to originate bills, which were to be published 
thirty days before the Assembly met; (b) to see that the laws 
were executed; (c) to take care of the business and safety 
of the province; (d) to settle the location of ports, cities, 
roads, and other places; (e) to inspect the public treasury; 
(/) to establish courts of justice, appoint judges, and institute 
schools; (g) to summon and dissolve the General Assembly. 
The General Assembly had no deliberative power, and could 
only pass or reject bills by a simple " yes " or "no." About all 



PROPRIETARY GOVERNMENT 7 

it could do at first was to present sheriffs and justices of- the 
peace to the governor for his appointment — a double num- 
ber for his choice of half. 

At a meeting of the Provincial Council (1683) a number of 
changes were made. The Council was reduced to eighteen 
members — three from each county ; the Assembly to not 
less than thirty-six or more than two hundred. The treble 
vote of the governor was abolished, and the veto power 
granted instead ; but he could perform no public act without 
the consent of the Council, except that Penn had, during his 
lifetime, the absolute power of appointing officers. 

The Assembly met but once under the new Frame of 
Government before Penn returned to England. Almost 
immediately contentions and misunderstandings arose be- 
tween the Council, the Assembly, and the governor. Nor 
did matters go smoothly for the colony in England, for con- 
spiracy was charged against the founder; the government of 
the province was taken from him and given to the governor 
of New York. Pennsylvania now came under the direct 
control of the crown, but remained so for only a brief period. 
The Frame of Government was discarded and the Assembly 
modeled after that of New York. At length the charge of 
conspiracy was proved to be false and the government re- 
stored to Penn. Upon his return to America, in 1699, he 
abandoned the old Frame of Government and granted the 
Charter of Privileges in its place. 1 Under this charter or 
constitution the province flourished until the Revolution 
broke out, a longer period than our people have lived under 
any other frame of government since that time. 2 

1 Signed October 28, 1701. 

2 New constitutions have been adopted, — 1776, 1790, 1838, 1873. 



8 CIVICS OF PENNSYLVANIA 

Charter of Privileges. This constitution, granted in response 
to a 'demand of the people, provided for a General Assembly 
to be chosen annually on the first day of October, and to meet at 
Philadelphia on the fourteenth of that month. It consisted 
of four persons from each county. The powers granted the 
Assembly were much larger than had hitherto been enjoyed. 
It could now propose matters for legislation, meet annually, 
act as a judge of the election and the qualifications of its 
own members, redress grievances and impeach state crimi- 
nals, and in general it had the powers of an assembly accord- 
ing to the rights of free-born subjects of England. The 
Provincial Council as a body elected by the people was abol- 
ished, but the governor appointed such a council, and con- 
tinued to do so in spite of popular objections until the Revolu- 
tion. Prior to 1701 the Council was a part of the legislature; 
subsequent to that time it was composed mainly of the in- 
habitants of the province, who were devoted friends of the 
proprietor. Some of the members were county or provincial 
judges, — a fact that added not a little to the high moral tone 
of the body. They acted as a controlling force of both gov- 
ernor and assembly, always urging those measures which 
were in the interests of the proprietor. 1 

On election day the freemen were now to choose two per- 
sons for sheriff and two for coroner in each county, the 
governor to appoint and commission one of them for three 
years. The county justices nominated three persons for 
clerk of the peace, and the governor commissioned one of 
them to serve during good behavior. Liberty of conscience 
was also provided for. The new constitution gave the three 
lower counties a separate assembly as soon as their represen- 

1 Shepherd, 'History of the Government of Pennsylvania," 318. 



PROPRIETARY GOVERNMENT 9 

tatives desired it. On the same day a new character, dated 
October 25, 1701, was granted to Philadelphia, whereby the 
city was incorporated and given the right to elect its officers, 
which before had been appointed by the governor. 1 

Summary. During the early life of the colony the governor 
was, in fact, the maker and enforcer of the laws. The exe- 
cution of the English, as well as the colonial statutes, rested 
with him, as did the exercise of all royal authority. Penn 
did not make use of all the powers vested in him. His love 
of peace caused him to oppose all litigation, from time to 
time appointing peacemakers who possessed some of the 
powers of judges, but who were intended to act only as ar- 
bitrators. He had little regard for attorneys and restrained 
them from exacting fees. Under the charter the governor 
or his deputy was empowered to execute the laws, establish 
courts of justice, appoint judges, grant pardons, issue 
processes, and determine all causes of whatever nature, 
subject only to the superior authority of the crown. 

The colonial government of Pennsylvania was proprietary 
in form. This was its chief defect. The defect was due to 
the union of the two characters of governor and private 
proprietor. The proprietor had great land interests in the 
colony; he was the landlord whose financial interests con- 
tinually clashed with those of his tenants. Out of this situa- 
tion arose the interminable quit-rent controversies. Such 
conflicts were embittered by the feeling that the strife was 
one between public and private interests. It is not too much 
to say that Pennsylvania was a large fief held from the crown 

1 Three commissioners began a survey for a capital city as soon as the 
Delaware cleared of ice in 1682. The site selected for this purpose was 
named Philadelphia — the city of brotherly love. 



io CIVICS OF PENNSYLVANIA 

by the proprietors, who were in theory feudal lords, but in 
fact executive officers of a democracy. The vesting of gov- 
ernment and of absolute ownership of land in the same indi- 
viduals was inconsistent with the growing spirit of liberty 
in the colony. 

QUESTIONS ON THE TEXT 

1. What religious sects helped to found the colony of Pennsylvania ? 

2. What were some of the customs peculiar to the Quakers? 

3. Who was William Penn? 

4. What three reasons are given for founding the colony? 

5. How did Penn obtain his grant of land? 

6. How did Penn treat the Indians? 

7. What power was Penn given by his charter? 

8. W T hat was the Frame of Government? 

9. What were the powers of the Provincial Council? Of the 
General Assembly? 

10. What documents formed the fundamental law? 

11. What was the Charter of Privileges? 

12. How were elections conducted? 

13. What were the powers of the governor under the charter? 

14. What was the great defect of the colonial government of Penn- 
sylvania ? 

15. Point out the similarities and differences to be found by com- 
paring our present form of government with that in the colony. 



CHAPTER II 

LOCAL GOVERNMENT IN THE PROVINCE 

In his charter William Pcnn was given power to divide 
the country and islands into towns, hundreds, and counties. 1 
He was also given authority to erect manors and to introduce 
the English manorial system. Then, too, he had a scheme 
of his own for the establishment of local administrative dis- 
tricts built upon precedent and experience. In following his 
plan of a representative form of government he turned natu- 
rally to those local institutions with which he and his people 
were most familiar. A re-set of the English local government 
area suited to new T conditions was the natural result. The 
earlier settlers who had been living under the control of the 
Duke of York were accustomed to the township as the local 
unit, but under the proprietary administration there was 
a marked change. With the erection of the province the 
town passed into the background and nearly all the important 
functions of local government were centered in the county. 
For purposes of self-government the county is henceforth 
the election district, the judicial organism, the fiscal body, 
and the unit of general administration. The township 
becomes at most a mere agent of county administration. 

County. The county was the unit of representation, mem- 
bers of both Council and Assembly being chosen by ballot 
in a general meeting of the tax-paying freemen. The free- 

1 See Section X of the charter. There is no evidence that hundreds ever 
existed as a local division in Pennsylvania. 

II 



ij CIVICS OF PENNSYLVANIA 

men in the " county court," or General Assembly, were author- 
ized ! to choose a double number of persons to serve for sher- 
iffs, justices of the peace, and coroners, out of which present- 
ments the governor was to commission the proper number, 
but with the new charter of 1701 a noteworthy change began 
to take place. Officers elected by the people were substi- 
tuted generally for those appointed, the number so selected 
being increased from time to time until the close of the colonial 
period. 

Courts. The county authority was the court of sessions 
of the justices of the peace. Usually their jurisdiction was 
limited to a single county. By the side of the justice was the 
sheriff, who was responsible for the peace, for the return of 
county representatives to the Assembly, and who, as a minis- 
terial officer, carried out the decrees of the courts. There were 
also clerks and prothonotaries of the county courts, a recorder 
of deeds, and a county treasurer. These officers were ap- 
pointed either by the governor or the justices. 

The lowest tribunal of the county was that of the " peace- 
makers." These peacemakers were local magistrates, three 
chosen for each precinct in the county. This court became 
obsolete before the end of the eighteenth century; in fact, 
it was never more than a board for arbitration of disputes. 
The justices of the peace, however, possessed a real power. 
Any two of them had jurisdiction over and decided, with the 
approval of the county court, actions under forty shillings for 
debt, and after 1701 they could bind over parties to keep the 
peace. The county court was composed of all the justices 
of the peace in the county, sitting quarterly. The jurisdic- 
tion of this court extended to all civil and criminal cases, 

1 " Frame of Government," 1682. 



LOCAL GOVERNMENT IN THE PROVINCE 13 

except treason and murder. It was empowered to deliver 
jails, to award processes, and to hold all pleas of the crgwn, 
but its equity jurisdiction was limited. The justices sat 
twice a year as an orphans' court. In 1706 two separate 
tribunals were erected. Civil cases were henceforth to be 
tried in the court of common pleas, and criminal actions in 
the court of general quarter sessions of the peace. Both 
courts met three times each year and were held by any three 
justices. From their judgment appeal lay to the supreme 
court, consisting of three judges commissioned by the gov- 
ernor. After 1722 * special judges appointed by the governor 
held the court of common plea-. A>ide from their judicial 
duties, the judges of the county court had other work to per- 
form. They laid out private roads, looked after the con- 
struction of highways and bridges, and for this purpose ap- 
pointed overseers and constructed fen ssing the rates 
therefor. They appointed viewers of stores intended for 
transportation, viewers of tines, and beadles to execute laws 
against cattle running at large. The justices attended to 
county finances, supervised the administration of the poor 
laws, and directed the action of a great number of persons 
who had public duties to perform. In general, the county 
court w r as the medium of communication between the colonial 
authority and the people. 

Taxes. Necessary taxes were instituted almost at the be- 
ginning of the colonial government — one half on polls and 
one half on land. They were apportioned in all the counties 
by the court and assessed by a board of two assemblymen 
and three justices of the peace in each county. In 1724 a new 
system was introduced for levying and collecting the county 

1 A stable judicial system was not established until 1722. 



i 4 CIVICS OF PENNSYLVANIA 

rate. An act of that date provided for the election of three 
commissioners who were to perform the functions which had 
hitherto belonged to the court of sessions in the management 
of fiscal affairs. To assist in this work, six assessors were also 
chosen from each county. The commissioners issued pre- 
cepts to the constables, inaugurated proceedings against de- 
linquent collectors, and imposed penalties upon the county 
treasurer and assessors for neglect of duty. At present the 
commissioners are among the most important officers in the 
county. 

So long as the population was small the county precinct 
system worked well, but with the rapid progress of the colony, 
after its first quarter century of existence, the township threw 
off its manorial aspect and became an administrative organ 
of the county. As early as 1746 the people of the township 
began to choose an election inspector. These inspectors con- 
stituted a board for the county to assist the sheriff, coroner, 
and other election judges to prevent fraud. Twenty years 
later it became the duty of the inspector to receive the votes 
of his district. The sheriff appointed two clerks to assist at 
elections. In these officers is to be found the prototype of 
our well-known judges and election inspectors. After the 
establishment of the township we find two overseers of the 
poor, appointed by the justices in each township, at a meeting 
especially convened for this purpose. With the approval of 
two of the justices, they could levy taxes to be expended for 
poor relief. Their accounts were audited by three free- 
holders chosen for the purpose. 1 

By act of 1772 each town was permitted to choose one or 
two supervisors of highways. They were empowered to levy 

1 Gordon, " History of Pennsylvania," 552. 



LOCAL GOVERNMENT IN THE PROVINCE 15 

a road tax after having obtained permission from two jus- 
tices. Hitherto every freeholder was compelled to work 
upon the road under penalty of fine. 1 The supervisors could 
now hire laborers to repair highways and bridges, if they saw 
fit, instead of calling upon the inhabitants to do the work. 

Summary. The western states owe a great debt to Pennsyl- 
vania, for the type of local government which developed in the 
Quaker colony has been adopted in a large proportion of the 
states admitted to the Union. One of the principles upon 
which it was based has been universally accepted, — the 
election of the county authority by the people of the county. 
It was in Pennsylvania that the capabilities of the independent 
county system were first tested. Here it was that the county- 
commissioner system was adopted — a circumstance which 
gives Pennsylvania an equaL influence with New York upon 
the permanence of form and distinctive features of the local 
government areas west of the Alleghanies. Nor did the Revo- 
lution change the local government materially. Local ad- 
ministration in the commonwealth has remained practically 
the same as that of the province — in fact, the few changes 
that have taken place up to the present time have been for 
the purpose of satisfying the needs of rapidly growing com- 
munities. 

QUESTIONS ON THE TEXT 

1. Upon what was the local government of the province based? 

2. How were the members of the Council and Assembly chosen ? 

3. How were local officers chosen? 

4. What was the county authority ? 

5. What were the duties of the sheriff? 

6. What were the duties of the " peacemakers " ? 

1 A number of western states still employ this method of road-making. 



1 6 CIVICS OF PENNSYLVANIA 

7. Of what was the county court composed? What were its func- 
tions? 

8. When was the court of common pleas established? 

9. What duties, other than judicial, did the judges have? 

10. How were taxes levied and apportioned? 

11. Who were the county commissioners? What were their duties? 

12. When did the people begin to choose township officers? 

13. How were township elections carried on? 

14. What were the duties of the supervisors? 

15. What do the western states owe to the early local government of 
Pennsylvania ? 



CHAPTER III 
THE GOVERNOR 

General. Like the national government, the state gov- 
ernment has three departments, — the legislative, the execu- 
tive, and the judicial. 1 This tripartite form of government, 
which is common to all the states in the Union, is in accord 
with the general principles of democracy, — the separation of 
powers. To place the enactment, the execution, and judicial 
determination of laws, or any two of these functions, in the 
hands of a single person or group of persons would be to sub- 
vert the underlying principles of our government, national 
as well as state. In general, the government of Pennsylvania 
bears a close resemblance to that of the United States, 
because the Federal Constitution has exerted a power- 
ful influence on those who have drafted our constitutions 
since 1789. The main differences lie in the fact that the state 
government is more democratic. This difference appears in 
shorter terms of office allowed to the state officials, the mode 
of selecting judges, and the relation between the executive 
and legislative powers. The national executive is supreme. 
He chooses his cabinet from among his political associates. 
He is responsible for their conduct. In the state some of the 
executive officers are directly elected by the people; others 
are appointed by the governor, but there is nothing in the 
state that resembles a cabinet. 

The executive department of the commonwealth, as pro- 
vided for by the Constitution, consists of a governor, lieu- 

1 Boynton's " School Civics," Section 115. 
J 7 



1 8 CIVICS OF PENNSYLVANIA 

tenant governor, secretary of the commonwealth, 1 attorney. 
general, 1 auditor general, state treasurer, secretary of internal 
affairs, and a superintendent of public instruction. 1 

Governor. The supreme executive power is vested in the 
governor. A candidate for this honor must possess all of the 
following qualifications : He must be a citizen of the United 
States, at least thirty years of age, and have been an inhabit- 
ant of the state for seven years next preceding his election. 
If, however, he has been absent on the public business of the 
United States or of the commonwealth, this requirement may 
be waived. He must not be a member of Congress nor hold 
any office under the United States or state. 

Election. The governor is chosen on the day of general 
election by the qualified voters of the commonwealth at the 
places where they meet to vote for representatives. This 
day is always the Tuesday next following the first Monday in 
November. The returns of the election in each county are 
sealed and transmitted to the Capitol, directed to the presi- 
dent of the Senate, to be opened by him in the presence of the 
members of both houses. When the legislature meets after 
an election for governor, the two houses fix the time and place 
for opening and publishing returns of the election. This 
time is usually, in the case of the governor, twelve o'clock 
noon on the Tuesday preceding the day of inauguration. The 
meeting is held in the House of Representatives. The presi- 
dent of the Senate, or in his absence the president pro tempore, 
takes the chair of the speaker of the House, and, after order 
is restored, says, " This being the day and hour agreed upon 
for publishing the returns of the election for governor, the 
clerk of the Senate will read over the returns for the several 

1 Appointed by the governor with the consent of the Senate. 



THE GOVERNOR 19 

candidates, and the tellers will take down the number of votes 
given for each person voted for as governor. " When the 
reading is finished, a computation is made by the tellers and 
the result announced by the president of the Senate. The 
person having the highest number of votes is declared to be 
governor ; but if two or more persons receive the same num- 
ber and are highest in votes, one of them is chosen governor 
by the joint vote of the members of both houses. 1 A certifi- 
cate of election is signed by the president of the Senate and 
the speaker of the House of Representatives, and attested 
by the tellers. It is then deposited in the office of the secre- 
tary of the commonwealth to be transmitted to the governor 
elect. 

The Oath of Office. The oath of office is administered to 
the governor in the presence of the legislature and state 
officers, usually by the chief justice of the supreme court, 
on the third Tuesday of January following his election. He 
swears (or affirms) that he will support, obey, and defend the 
Constitution of the United States, and of the state, and that 
he will discharge the duties of his office with fidelity. 

Term. The governor holds office during four years, but 
he is not eligible for the next succeeding term. He may con- 
tinue to hold office until his successor is duly qualified. 

Salary. The governor receives a salary of $10,000 per 
annum, together with the free executive mansion in Harris- 
.burg. 

Duties. The duties of the governor are three in number: 
(1) executive, (2) legislative, (3) judicial. 

Executive. His first duty is to see that the laws of the state 
are faithfully executed either by the civil or military authorities. 

1 Hartranft's Appeal, S5 Pa. 433, 1877. 



2o CIVICS OF PENNSYLVANIA 

As a part of his executive authority, the governor nominates 
and, by and with the advice and consent of two-thirds of all 
the members of the Senate, appoints all the heads of the 
administrative departments and the members of the boards 
of various institutions, except in a few instances where the 
election of such officers has been vested in the people by the 
Constitution or by statute. In case a vacancy arises in any 
office, elective or judicial, which he is authorized to fill during 
the recess of the Senate, he may grant a commission which 
expires at the end of the next session. He commissions all 
state officers, either elected by the people or appointed by him- 
self, such as judges, justices of the peace, all county officers 
that require commissions, officers of the national guard, and 
such others as the law directs. He may remove public 
officers for cause. Like the president of the United States, he 
may require information in writing from the officers of the 
executive department upon anything relating to their respec- 
tive offices. Records and instruments in writing — in- 
tended for use in other states — are authenticated by the gov- 
ernor under the seal of the state. In addition to his general 
duties as an executive, he is ex officio member of a number of 
state boards, a trustee of the University of Pennsylvania, a 
trustee of State College, and a visitor to the state penitentia- 
ries, asylums, and orphan schools. He approves all charters 
of corporations, including insurance companies created un- 
der the laws of the state. Patents for lands issued by 
authority of the state must also bear his signature. 

Legislative. It is the part of the governor to inform the 
General Assembly from time to time as to the condition of the 
commonwealth and to recommend such measures as he may - 
deem necessary. All bills and concurrent resolutions, except 



THE GOVERNOR 21 

for adjournment, must be submitted to him for his approval. 
If the governor does not approve of any bill, he must return 
it to the house in which it originated, together with his objec- 
tions. By a two- thirds vote in each house the rejected bill 
may become a law. He may also disapprove of any of the 
items of a bill making appropriations of money, but the por- 
tion not approved is subject to the general rule prescribed 
for the passage of other bills over the executive veto. The 
remainder of the bill becomes a law in the usual manner. 
The objectionable rider, which in the past has often de- 
faced some of our national legislation, is thus cut off with- 
out injury to the important features of a bill. The 
governor may, on extraordinary occasions, convene the 
General Assembly. On such occasions the only bu-iness to 
be transacted is that for which the Assembly was called 
together. In case of a disagreement between the two 
houses with respect to the time of adjournment he may ad- 
journ the Assembly for a period not exceeding four months. 
He may also convene the Senate in extraordinary session for 
the transaction of business of an executive nature. 

Judicial. The governor has power to remit fines, to grant re- 
prieves, to pardon criminals, except cases of impeachment; but 
this power to pardon cannot be exercised except upon recom- 
mendation in writing of at least three members of the board 
of pardons. All death warrants are signed by the governor, 
and he fixes the day for execution of criminals. He may demand 
fugitives from justice from the executive of any other state 
or territory, and issue warrants for the arrest of persons in this 
state upon the requisition of the governor of any other state. 

Military. Aside from those already noted, the governor 
possesses a fourth power which may at times become most 



22 CIVICS OF PENNSYLVANIA 

important. He may order out for actual service, by draft 
or otherwise, as many of the militia as necessity demands, 
in case of war, to prevent invasion, to suppress riots, and to 
aid the civil authorities in the execution of the laws of the 
commonwealth. But he ceases to be the commander in chief 
of the army and navy of the state when it is called into 
actual service of the United States. 

Lieutenant Governor. The lieutenant governor is elected 
at the same time as the governor, for a like term, and must 
have the same qualifications in all respects. He takes the 
oath of office on the same day as the governor in the presence 
of the Senate. As the name indicates, he may be called upon 
to take the place of the governor in case of the death, resig- 
nation, failure to qualify for office, conviction, impeachment, 
or any other disability which makes it impossible for the latter 
to continue in office. In this case all the powers and duties 
of the chief executive devolve upon the lieutenant until the 
end of the term or the disability is removed. He is president 
of the Senate, but has no vote unless that body is equally 
divided, because he is not an elected member. He is also a 
member of the board of pardons. His salary is fixed at 
$5000 per year. Should he be unable to perform his duties 
or be removed by death, or otherwise, the functions of his 
office are exercised by the president pro tempore, who may, 
in his turn, become governor. It is thus possible for us 
to have a governor in whose election the people have had 
no voice. Of course, if such an unfortunate event were 
to occur, the senatorial seat of the president pro tempore 
would become vacant. This place would then be filled by 
election, as in the case of any other vacancy in the upper 
house. 



THE GOVERNOR 2$ 

QUESTIONS ON THE TEXT 

1. What is a tripartite form of government? 

2. What principles underlie the division of governmental povv 

3. Of what does the executive department of the state consist? 

4. What qualifications must a person possess to be a governor of 
Pennsylvania ? 

5. When is the governor chosen ? 

6. In case of a tie, how is the final choice made? 

7. How long does the governor hold office? 

8. Name the powers of the governor. 

9. What is the extent of his appointing power? 

10. What other executive powers has he? 

11. What share has the governor in the making of laws? 

12. What business is transacted at a special meeting of the legislature ? 

13. Explain the judicial powers of the governor. 

14. When may the governor call out the militia ? 

15. What are the duties of the lieutenant governor? 

16. What is his relation to the Sen.. 



CHAPTER IV 

ADMINISTRATIVE DEPARTMENTS, EXECUTIVE BOARDS, 
AND COMMISSIONS 

The activities of a government depend upon three things : 
(a) the density of population; (b) the degree of enlightenment; 
(c) industrial progress; and upon the last to a degree almost 
to the total eclipse of the others. The executive is charged 
with the maintenance of the state, but in large communities, 
or where there is a high degree of industrial differentiation, 
many of his duties must, for purposes of administration, 
be delegated to subordinate authorities. The administrative 
work of the state is carried on by a number of secretaries 
elected or appointed for that particular purpose; but these 
heads of departments are not a governor's cabinet, because 
they possess no advisory powers. Their authority is limited; 
their duties mandatory. 

When the present Constitution of the commonwealth was 
adopted (1873) * there were but six departments provided. 
As the various fields of industry developed, new bureaus 
were established. These grew into separate departments. 
Twelve new departments and a large number of boards have 
been created by the legislature to cope with the additional 
work devolving upon the state as a result of our increase in 
population. These departments may be divided into three 
groups: (a) maintenance of state; (b) protection of the citi- 
zens; (c) economic activities. To the first group belong the 
departments necessary to the life of the state. 2 They are 

1 This Constitution went into effect January i, 1874. 

2 These departments are all provided for in the Constitution. 

24 



ADMINISTRATIVE DEPARTMENTS 25 

secretary of the commonwealth, attorney-general, auditor 
general, state treasurer, secretary of internal affairs, superin- 
tendent of public instruction. 

I. MAINTENANCE OF STATE 



Dept. 


Chief 


1 . 
State 


Secretary 
of 
Com- 




mon- 
wealth 


2. 
Attor- 
ney - 
Gen- 
eral 


Attorney- 
Genera] 


3- 
Public 
In- 
struc- 


Superin- 
tendent 


tion 





How 

CHOSEN 



Term S 



Appointed* 4 yrs 



Appointed* 



Appointed* 4 yrs. 



Duties 



and 



$12,000 



S4000 



The secretary of the commonwealth performs 
the same service for Pennsylvania as does the 
in the President's cabinet for 
the United State-. He is the keeper of the 
seal, which he affixes to state document-, 
and the custodian of the laws passed by the 
My. He keeps all rep and 

county elections, death warrants, respites, and 
pardons. A fori n is required to 

file with the secretary its name, the location of 
its general office in the state, and the nail 
its authorized agent. He approves proceed- 
ings for extradition before an executive order 
is made. All the bonds of state* county, 
municipal officers commissioned by the gov- 
ernor must be countersigned by thi 

Legal adviser of the governor, heads of de- 
partments, and of tru Is, he fur- 
oishes n all questions arising in the 
administration of the rnment. In 
lawsuits to which the stale i- a party he rep- 
resents the state. He collects all claims 
properly certified to him by state officers. With 
the auditor general and state treasurer fa 

n tax revision. He institutes quo war- 
ranto ; Ivent or ilk g 
conducted insurance companies, trust com- 
panies etc.. with a view of winding up their 
attairs. He ex -.mini- charters. 
amendments, and renewals of charters of cor- 
porations, banks, insurance companies, etc. 
In addition to his official duties as attorney- 
general he is a member of a number of - 
boards. 

It is the business of the superintendent to 
supervise the public schools of the state. He 
gives advice to district officers and citizens 
relative to the common school law and ex- 
plains the duties of school officers, parents, and 
children. Before the superintendent of com- 
mon schools in a county, city, or township can 
exercise the functions of his office, he must be 
commissioned by the superintendent of public 
instruction. He issues normal school di- 
plomas and life certificates. He signs all or- 
ders on the state treasurer for the payment of 
moneys which the several school districts may 
be entitled to receive from the state. The trus- 
tees of the state normal school and the state 
board of examiners are his appointees. 



26 



CIVICS OF PENNSYLVANIA 



Dept. 



4- 
Auditor 
Gen- 
eral 



Auditor 
General 



5- 
Treas- 



Chief 



State 
Treas- 
urer 



How 

CHOSEN 



Term 



Elected 



3 yrs. 



Elected 



6. 
Inter- 
nal 
Af- 
fairs 



Secretary 



Chief 



Clerk 



Salary 



2 yrs. 



$4000 



Elected 



Appointed 



Appointed 



4 yrs. 



4 yrs. 



4 yrs. 



$4000 



Duties 



The duties of the auditor are generally to 
examine and settle all accounts between the 
commonwealth and any person or department. 
These may be divided into four self-explana- 
tory groups : (a) Settlement of taxes made di- 
rectly with the taxables, e.g. tax on capital 
stock of corporations, tax on gross receipts of 
transportation companies. These taxes are as- 
sessed on the basis of the sworn reports made by 
taxables. (6) Settlement with officers who col- 
lect taxes in the local divisions, (c) Payment 
of salaries to all judicial officers by warrant. 
(d) Miscellaneous, e.g. appropriations made to 
charitable institutions are paid through him. 
He examines the contents of the state treasury, 
and publishes in six newspapers of the state 
the monthly statement of the treasurer. The 
auditor puts all debts overdue into the hands of 
the attorney-general for collection. If he finds 
it necessary, he can compel the production of 
books and papers relative to any account before 
him. The power to commit to jail, in case a 
witness refuses to testify or produce evidence 
when required to do so, promotes the general 
efficiency of the department . 

The state treasurer is both the keeper of 
public moneys and the paymaster of the com- 
monwealth. He receives all moneys paid into 
the state treasury and pays all warrants drawn 
by the proper officers. On November 30 of 
every year he makes a full report to the legis- 
lature of all the receipts and expenditures of 
the preceding year. He collects semiannually 
from the banking institutions in which state 
funds are deposited interest at the rate of two 
per cent per annum. The treasurer has au- 
thority to require such banks to furnish col- 
lateral security in addition to the bond 
required of them. Owing to the responsibility 
of the office, Its incumbent is under bond in the 
amount of $500,000 with ten or more sureties, 
which must be approved by the governor. The 
fact that the treasurer cannot hold office for 
two successive terms subjects his acts to fre- 
quent review by a successor, a circumstance 
which assures more care in the handling of 
public funds than might otherwise be shown. 

This department, under the present organi- 
zation, consists of four bureaus, — land office, 
assessment of taxes, industrial statistics, and 
railways. 

It is the business of the first bureau to take 
charge of all records pertaining to the first 
conveyances of land from the state to the pur- 
chaser. Other papers, such as those relating 
to the survey of the state and county fines and 
roads; records of the organization of counties; 
charters, maps, and papers pertaining to the 
colonial history of Pennsylvania, are all to be 
found in this bureau. 

The principal work of the second bureau is 
to procure the annual report made by the sev- 



ADMIXISTRATIYH DEPARTMENTS 



27 



Dept. 



Chief 



Chief 



4 

Deputy 

tary 






Appointed 



Appointed 



Term 



4 yrs. 



4yrs. 



Salary 



£2500 



$.3000 



Duties 



eral boards of county commissioners sh 
the amount of taxes collected for the sum 
schools, maintenance of roads and Dridges. 
especially the amounts paid by railway and 
other corporations for local purposes, and to 
examine these reports. Particular attention is 
paid to the total assessed value of all property, 
whether taxable or exempt from taxation. The 
local reports are compiled and tabulated for 
publication. 

The work of the bureau of industrial statis- 
ts make a careful examination of all the 
relations between capital and labor; to inquire 
into the educational and social conditions of 
those engaged in manual labor; to offer sug- 
n s for the improvement of working classes ; 
and to compile and publish labor sta: 

i the chief of the bureau all employers 
engaged in mining, manufacturing, or other 
similar businesses are required to furnish such 
.tion to him as he may de- 
mand. The wide importance of this bureau is 
evident from the fact that Pennsylvania stands 
• 
The bureau of railways is under the direction 
of the depul I internal affairs. The 

bureau has charge of the annual reports made 
to the department by railway, canal, telephone, 
and telegraph companM S 

the amount ;-era- 

tion. Dumber of il indebu . 

amount of tonnage, dividends, and other addi- 
tional facts <>f public interest. 1: 

ipiled each year for general infonr 

:ure. 



Of the eight officers in the executive department, pro- 
vided for by the Constitution, live are elected by the peo; 
— the governor, lieutenant governor, auditor general, state 
treasurer, and the seeretary of internal affairs. The other 
three — the secretary of the commonwealth, the auditor gen- 
eral, and the superintendent of public instruction — are 
named by the governor and appointed by and with the con- 
sent of the Senate. 

Protection of Citizens. We turn now to the second group 
of departments, — those concerned with the protection of 
the citizens. These are seven in number, — the department 



28 



CIVICS OF PENNSYLVANIA 



of health, factory inspection, mines, banking, insurance, 
police, and war. This latter is called the adjutant general's 
department. 

II. PROTECTION OF CITIZENS 





Offi- 


Dept. 


cers 


i . 


Com- 


Depart- 


mis- 


ment 


sioner 


of 


and an 


Health, 


Advi- 


io°5 


sory 




Board 




of six 




mem- 




bers 


2. 




Fac- 


Chief 


tory 


In- 


In- 


spector 


spec- 


and 37 


tion, 


Depu- 


1893 


ties, 5 




of 




whom 




are 




women 


3- 

Mines, 


Chief 


1903 


and 36 




In- 




spectors 



How 

CHOSEN 



Term 



Appointed* 



4 yrs. 



Appointed* 

Appointed 
by Chief 
Inspector 



Appointed* 
Anthracite 

Inspectors 

elected, 

one for 

each of 

20 dis- 
tricts. 

16 bi- . 

tuminous 



4 yrs- 
4 yrs. 



Salary 



$10,000 
Board 
mem- 
bers 
receive 
no 
pay. 
Actual 



penses 
allowed 



$5000 
$1200 



$4000 

Bond 
re- 
quired 

$10,000 

$3000 

$3000 



Duties 



The commissioner must be a graduate of a 
legally constituted medical college and of at 
least ten years' professional experience. It 
is his duty to protect the health of the people 
of the state and to determine and employ the 
most practical means for the prevention and 
suppression of disease. He is given authority 
to abate nuisances which aid the spread of dis- 
ease and to enforce quarantine regulations. 
Upon him rests the responsibility of preserving 
the purity of lakes and streams in the state. If 
the sewage discharged into the public waters 
by individuals or manufacturing concerns is 
injurious to public health, he may order the 
practice discontinued. The bureau of vital 
statistics is under the control of this depart- 
ment. This bureau keeps careful record of 
births, marriages, deaths, and diseases. 

The laws of the state providing for the safety 
of employees in all industrial establishments 
and fixing the hours of employment of women, 
regulating the age at which minors may be 
employed, etc., are very strict. It was for the 
purpose of enforcing these laws by rigid inspec- 
tion that a separate department was created. 
The inspector or his deputies must visit as 
often as practicable factories and workshops 
in order to ascertain whether the belting and 
shafting is properly guarded, whether there are 
sufficient fire escapes, and whether the heating, 
lighting, and sanitation are in proper condition. 
In case he discovers any infringement of the 
law, notice is given to the proprietor to rectify 
the abuse. Violation of the order is punish- 
able by fine. When an accident occurs in an 
industrial establishment, a report must be 
made to the inspector or his deputy at once, 
showing the cause, nature, and severity of the 
injury. Knowing that a complete record is 
kept, the manufacturer is more careful to pro- 
tect his employees from dangerous machinery. 

The chief of this department must have had at 
least ten years of practical experience as a 
miner. It is the first duty of the chief to 
see that the mining laws of the state are en- 
forced. He is consequently given authority 
to enter and to inspect any colliery within the 
state. The control of any matters pertaining 
to the general welfare of persons connected 
with mining and the interests of mine owners 
and operators comes within the scope of his 



ADMINISTRATIVE DEPARTMENTS 



29 



Dept. 


( X 1 1 


4- 
Bank- 


Commi- 


ing, 

1891 


sioners 


5- 

Insur- 


Commis- 


ance, 
1873 


sioner 


6. 
State 
Police, 


Superin- 
tendent 


1905 






4 Capts. 
4 Lieu- 




tenants 
20 Ser- 




geants 
200 Po- 
licemen 


7- 

Adju- 
tant 


Adju- 
tant 



How 



Inspect - 
ors t hosen 
from a 
list certi- 
fied to by 
a Board of 
Examin- 
er- 



Appointed* 



Appointed'' 



Appointed* 



Appointed 
Appointed 

Appointed 

Appointed 



Appointed* 



Term 



4 yrs. 



4 yrs. 



4 vrs. 



Salary 



$6000 

Bond 
re- 
quired 

$20,000 



$0000 
Bond 

re 

quired 

Si 0,000 



S3000 
Bond 
re- 
quired 
S20.000 
Si 500 
Si 200 

$1000 

S720 



S4000 
Bond 



Duties 



powers. Each inspector visits the mines in his 
district at stated intervals (60 to 00 d 
He keeps a record of the general condition of 
each mine, with reference to ventilation, num- 
ber of jx-rsons employed, and the number of 
accidents and deaths, together with the cause 
thereof. Each year the mines in the state of 
Pennsylvania produce not far from 600,000 
tons of iron ore and 170,000,000 tons of coal. 
In these two fields of mining industry are em- 
ployed, on an average, nearly 450,000 men and 

The commissioner takes care that the laws 
relating to banks, corporations receiving 
money on deposit, provident institutions, and 
similar institutions are executed in order to in- 
sure the public generally against any financial 
calamity arising out of the improper use of 
moneys held in trust. Before a foreign cor- 
poration can transact any banking business in 
the state it must file a statement ol 
liabilities, capital Stock, etc.. in the office of the 
commissioner. In the annual report there is 
totx found a summary of the condition ol every 
corporation under the jurisdiction of the de- 
partment, including a statement of corporations 
been wound up. 

Every insurance company doing business in 
the stale is required to file with the commissioner 
a copy of it- charter and an annual statement 
of its financial condition. It must obtain 
annually a certificate to do business in the 
state. Each fraternal insurance society must 
file a copy of its constitution and by-laws with 
the commissioner. ( >me each year the commis- 
sioner calculates the value of all life-insurance 
policies in force. He sees to it that companies 
have a certain amount of safe securities. He 
examines into the condition of companies from 
time to time, and for this purpose has free ac- 
cess to all bo ks and papers. The expense of 
enforcing the insurance laws is defrayed by 
fees charged the companies for filing charters 
and other documents. 

Until the organization of this department 
the policing of the state was left very largely 
in the hands of the great corporations, who 
maintained, with the authority of the state, the 
coal and iron police. The superintendent has 
under his direction 200 picked men whose duty 
it is to cooperate with the local authorities in 
detecting crime and preserving law and order 
throughout the state. In general they are 
authorized to act as game and fish wardens and 
have the same power as the police in cities of 
the first class. They may arrest without a 
warrant for any breach of the peace which they 
witness and serve warrants issued by local 
magistrates. 

The governor is the commander in chief 
of the army and navy of the state. His con- 
trol is exercised through the adjutant general's 



3° 



CIVICS OF PENNSYLVANIA 



Dept 


Offi- 
cers 


How 

CHOSEN 


Term 


Salary 


Duties 


Gen- 
eral 


General 






re- 
quired 

$20,000 


department. The Constitution of the state pro- 
vides that the freemen shall be armed and or- 
ganized. The militia may be called to the 
defense of the state in case of an armed inva- 
sion or for the purpose of quelling riots with 
which local authorities may be unable to cope. 
In reality every male belongs to the militia, 
for every one is bound to help preserve the 
state . The national guard is the trained militia 
of the state and is subject to the governor's call 
at any time. It consists of between 9000 and 
10,000 men under the command of a major 
general. 



The third group of departments comprises the economic 
activities of the state, — matters in which the state as such is 
more or less concerned, but matters in which the locality is 
more vitally interested. These departments are agriculture, 
forestry, fisheries, highways, public printing. 

III. ECONOMIC ACTIVITIES 



Dept. 



Offi- 
cers 



Agri- 
culture 



Secre- 
tary 
Super- 
inten- 
dent 
of Far- 
mers' 
Insti- 
tutes 
Eco- 
nomic 
Zoolo- 
gist 
Dairy 
and 
Food 
Com- 
mis- 
sioner 
Veteri- 
narian 
Bd. of 
Agricul- 
ture, 64 



How 

CHOSEN 



Term 



Appointed* 
Appointed 



Appointed* 
Appointed 

Appointed 

Elected by 

Agri. _ 
Societies 



4yrs. 

4 yrs. 



4 yrs. 



Salary 



4 yrs. 

3 yrs. 

V 3 re- 
tire 
vear- 

iy 



$3500 
$3000 



$2500 
$2500 

$2500 

Travel- 
ing ex- 
penses 



Duties 



It is the duty of the secretary to promote 
the development of agriculture, horticulture, 
forestry, and kindred industries. He ascer- 
tains what grains, fruits, grasses, and other 
crops are adapted to the various soils of the 
state, to what diseases they are liable, and 
conducts examinations into all topics relat- 
ing to the general agriculture of the state. 
Through the economic zoologist the department 
collects and publishes information concerning 
plant diseases and parasites, and concerning 
destructive birds and animals. He has au- 
thority to use all necessary means to exter- 
minate insect pests. The enforcement of the 
pure-food laws, i.e. those laws relating to the 
sale of oleomargarine, the coloring of cheese, 
and similar acts which tend to defraud the pur- 
chaser, falls upon the dairy and food com- 
missioner. The enforcement of laws relating 
to diseased live stock lies with the state 
veterinarian . 



ADMINISTRATIVE DEPARTMENTS 



3i 



Opfi- 



Com- 
mis- 
uoner 
and 4 
citi- 
zens. 
To- 
gether 
they 
consti- 
tute the 

State: 
lor 

estry 

Reser- 
vation 
Com- 
mis- 
sion 

Com- 
mis- 
sioner 
and 4 
other 
( itizens 
consti- 
tute 
Fisher- 
ies 

Com- 
mis- 
sion 

1 2 Fish 
War- 
dens 

Com- 
mis- 
sioner 



Appointed 4 



Appointed 



Super- 
inten- 
dent 



How 

( B0 EN 



Temi 



Appointed* 
Appointed* 



4 yrs. 
4 yrs. 



Appointed 

by the 

Board 
Appointed 4 



Appointed 



4 yrs. 



$3000 
Bond 

re- 
quired 
$10,000 

Necessary 
ex- 
penses 



$3000 ' 



Salary 



Sqooo 

Bond 
re- 
quired 

$25,000 



$3000 

Bond 
re- 
quired 

$10,000 






The commission is charged with t' 
of purchasing suitable lands for timber cul- 
ture and protection, and to take proper meas- 

establish a scientific system of for- 
estry. It ha- immediate control and manage- 
ment of all property acquired by the depart- 
ment. The growth of forests by private 
owners is encouraged by the payment of 
bounties and rebal The com- 

mission is authorized to sell and lease mineral 
and forest reserve lands with the a] 
of the governor. Many vexation- 
problems have always confronted densely 
populated districts. I>e-< difficulty is likely 
to be experienced in the future, since the 
privilege of impounding water on 

; as can be obtained by agreement 
between a municipality and the commis- 
sion. 

The commission i- charged with tl 
toration and improvement of the fisheries 
of the commonwealth and the enforcement 
of the fish laws. The length of the op 
son, the si/e of fish taken, the numU-r of fish 
taken in a single day. the manner in which 
they may be taken. jr. line or net, 
fixed in detail by various law-. No person 
(an fish except with hook and line until he 

id a license fee of from Si to 
$20. 



The commissioner must 1m? a competent 
civil engineer and experienced in the < on- 
struction of roads. The department cooper- 
ates with the counties and town-hips in the 
improvement of public highways. In 1003 
the legislature appropriated $0,000,000 to l>c 
expended before June 1. tooq, in order that 
the state and county road- shall be at all 
times in an excellent condition for travel. 
The state stands ready to furnish 75 per cent 
of the cost of building or reconstructing any 
of the principal highways of the state. The re- 
mainder of the extx-nse is shared in equally by 
the township and county. In addition to his 
other duties, the commissioner is now en- 
gaged in the survey of the roads of the state 
and the preparation of ageneral highway plan. 

The state does not undertake to do its own 
printing, but every four years the superin- 
tendent of public printing is authorized to re- 
ceive bids and award contracts for the ensuing_ 
period. The superintendent takes charge of 
all the reports made to the governor by the 
various departments and has them printed 
and bound. All the material which is received 
for publication must be well arranged, and it 
! fallsto the superintendent to perform this work. 



3 2 



CIVICS OF PENNSYLVANIA 



Boards. With so many departments working in harmony, 
it would seem that all the functions of the state were well 
provided for. There are, however, certain duties which, 
because of their limited scope, or temporary character, or 
judicial nature, require the attention of boards or commis- 
sions. Then, too, there are boards whose duty it is to aid a 
department, and others that act as checks. These embrace 
such a variety of matters that any general classification is 
impracticable. It is worthy of notice that the work of many 
boards could well be performed, but for its specialty, by 
some one of the departments. . 



Board 



i. Par- 
dons 



2. Prop- 
erty 



3. Mili- 
tary 



4. Ar- 
mory 



5. Sink- 
ing 
Fund 
Com- 
mission 



6. Reve- 
nue 

Commis- 
sioners 



Officers 



Lieut .-Gov. 
Sec'y of 
Comm. 

Att'y Gen'l 
Sec'y of In- 
ternal Af- 
fairs 



Sec'y of 
Comm. 
Att'y Gen'l 
Sec'y Inter- 
nal Affairs 

Adj't Gen'l 
Aud't Gen'l 
State Treas. 

Governor and 
Adj't Gen'l 
5 citizens 

Sec'y of 
Comm. 
Aud't Gen'l 
State Treas. 



Sec'y of 
Comm. 
Aud't Gen'l 
State Treas. 



Statute 



How 

CHOSEN 



Statute 



Statute 



Statute and 
Appoint 
ment 

Statute 



Statute 



Salary 



$500 
$500 



$500 
$500 



None 



$600 each 



Neces- 
sary ex- 
penses 

$300 each 



$300 each 



Duties 



The Constitution of the commonwealth 
gives the governor power to remit fines and 
grant reprieves, but no pardon can be granted 
except upon the recommendation of at least 
three members of the board of pardons. All 
the facts relied upon as ground for pardon 
must be proven by deposition taken within 
the jurisdiction of the court in which convic- 
tion was had before some person authorized 
to administer oaths. 

This board determines all controversies 
arising over imperfect titles, preemption 
rights, and other similar questions attending 
the routine work of the land office. 



This board adjusts and audits all accounts 
and claims incident to the organization and 
maintenance of the national guard of the 
state . 

The board provides armories within the 
state suitable for drill purposes and the stor- 
age of military property . It has general man- 
agement of such property within the state. 

A sinking fund is maintained sufficient to 
pay the interest on the state debt and to re- 
duce it annually by $250,000. This fund 
consists of the state revenues not required 
for current expenses. It cannot be used for 
any purpose other than the extinguishment 
of the public debt, except in case of war or 
invasion . 

This board is charged with equalizing and 
raising taxes tor the purposes of the state gov- 
ernment. It determines the fair value of all 
the taxable property in the state. Banks 



ADM INISTRATIVE DEPARTMENTS 



33 



Board 



7. Public 
Ac- 
counts 

8. Public 
Chari- 
ties 



Aud't Gen'l 
State Treas. 
Att'y Gen'l 

10 members 



9. Sol- 
diers' 
Or- 
phans' 
School 
Commis- 
sion 



10. Water 
Supply 
Commis- 
si n 



n. Game 
Commis- 
sioners 



12. Medi 
cal 
Council 



13. Medi 
cal Ex- 



Officers 



Statute 



Appointed 4 

for 5 yrs. 



Governor 
5 members 

Legislature 
5 members 

G.A. R. 



3 members 

for 4 yrs. 
Com. of 

Forestry 
Com . of 

Health 

6 members 
10 protectors 
Special Depu 
ties 

8 ex officio 
members 



3 Boards. 7 
members 
each 



How 

CHOSEN 



Statute 
Appointed 



Appointed ' 
Statute 



Salary 



Xone 



Neces- 
sary 
ex- 

• 

S3 000 

Com. 

on Lun- 

S3000 
sary ex- 



S3000 

each 

penses 



Appointed* 

3 yra. 

Board ap- 
points 



Appointed 
3 yrs . 



14. Live- 
stock 
Sani- 
tary 



Governor 
Sec'y Agri. 
Dairy and 
Food Com- 



Xone 

As agreed 

Same as 
Con- 
stable 

Neces- 
sary ex- 
penses 



Neces- 
sary ex- 
penses 



Statute 



Duties 



Neces- 
sary 



penses 



selected by the state treasurer for the deposit 
of state funds must be approved by the board. 
Authority is given this board to revise any 
settlement of bills made by the auditor gen- 
eral in case it should appear that the 
original settlement was wrongfully made. 

The work of this board is confined largely 
to the oversight of charitable institutions, but 
it includes reformatories, prisons, and asy- 
lums within its supervision. The board has 
authority to examine the financial or general 
condition of any such institution, the method 
of instruction, the conduct of trustees and 
employees, and other matters of manage- 
ment. The care of the insane is placed in the 
hands of the committee on lunacy, composed 
of five members of the board. 

The state has undertaken the task of edu- 
cating the orphan children of soldiers or 
sailors who participated in the Civil. Span- 
ish-American, and Philippine wars. An in- 
dustrial school is maintained for such orphans 
between the ages of five and sixteen years 
at Scotland. The commission makes need- 
ful rules for the school and employs teachers 
and othi rs. 

This commission ;.d< pts ways and means 
of utilizing, purifying, and distributing the 
water supply so that the various communities 
of the State shall be equally dealt with in 
such distribution. It recommends whatever 
legislation is necessary for the betterment 
of the water supply throughout the state. 

This board is charged with the protection 
of wild game in the state and has authority to 
enforce the game laws. Under a recent stat- 
ute the board may establish public game 
preserves within the state forest reservations. 

The council supervises examinations con- 
ducted by the board of examiners of all appli- 
cants for a licence to practice medicine. Be- 
fore one may become an authorized prac- 
titioner, he must obtain a license from the 
council. 

Each board is composed exclusively of 
members of the same medical society. Two 
or more meetings are held every year to 
examine applicants for licenses. 

There is also a dental council, board of 
dental examiners, pharmaceutical examiners, 
anatomical board, board of undertakers, and 
veterinary board. The duties of each of these 
boards are similar to those already cited. 
Careful work on the part of these boards in- 
sures people to a marked degree against per- 
sons unfitted to look after those suffering 
from disease or injury, and promotes the 
proper and sanitary care of bodies after death. 

It is the duty of this board to protect the 
health of the domestic animals of the state and 
to determine and use all methods to effect this 
end. The board has power to enforce quaran- 



34 



CIVICS OF PENNSYLVANIA 



Board 



Officers 



How 
chosen 



Salary 



Duties 



Board 

15. Ac- 
count- 
ants 



16. Geo- 
logical 
Survey 
Commis- 



17. Col- 
lege and 
Univer- 
sity 
Council 



18. Free 
Library 
Com- 

n ission 

19. Pub- 
lic 

Grounds 
and 
Bldgs. 



missioner 

State Vet . 
5 members 



3 members 



Governor 
Att'y-Gen'l 
Supt . of Pub- 
lic Instruc- 
tion 



State Libra- 
rian, 5 others 



Governor 
Aud't Gen'l 
State Treas. 
Superinten- 
dent 



Appointed 



Appointed 



Statute 
Appointed 
for 4 yrs. 



Statute 
Appointed 
for 5 yrs. 

Statute 

Appointed* 



None 
None 
None 

None 

None 

$3000 



tine regulations, and to enter at all times any 
premises where domestic animals are kept. 

Twice each year the board examines per- 
sons desiring to become accountants. To 
those qualified the governor issues certificates 
conferring the title of certified public account- 
ant and authorizing them to practice their 
profession. 

The commission was created to arrange 
with the director of the United States Geo- 
logical Survey for the preparation of a map 
of the state. This map is to show the loca- 
tion of roads, streams, canals, elevations, 
location of oil, coal, natural gas, etc. 

This council passes upon all applications 
for charters of degree -conferring institutions 
from the educational standpoint. No char- 
ter is granted by a court to such an institution 
unless it is approved by the council. A re- 
quired standard is set to which all colleges 
and universities must conform. 

This commission gives advice to all free 
libraries of the state as to the best means 
of management and administration. It is 
authorized to establish a system of traveling 
libraries throughout the state. 

This board has entire control of the public 
grounds and buildings, including the execu- 
tive mansion. The board contracts for sup- 
plies, fuel, repairs, etc., needed by the legis- 
lature, departments, boards, and executive 
mansion. They are also authorized to erect 
bridges over navigable rivers. 



* In every instance where * appears after the word " appointed, " it signifies that the 
officer has been appointed by the governor, by and with the advice and consent of the Senate . 



Twenty-one additional boards are charged with the duty 
of maintaining, supervising, and managing the peniten- 
tiaries, reform schools, industrial schools, colleges, etc. 

Summary. Through these many departments, commis- 
sions, and boards, the state government comes in close 
touch with the people, everywhere looking after the various 
interests, whether local, financial, or industrial, yet the 
state does not in any way infringe upon private interests 
nor interfere with private projects. That all may be free, 
some must curtail their liberties. The departments are not 
mere tentacles, nor are they cogs in the great wheel of govern- 



ADMINISTRATIVE DEPARTMENTS 35 

ment — they are the sensory and motor fibers of the govern- 
mental authority. Through the boards and departments the 
acts of the legislature are enforced and the rights of all the 
people are safeguarded and sustained. We have found the 
state government occupied with three sorts of activities : 
those necessary to the maintenance of the state, and which the 
state alone can perform; those which the citizens alone might 
do but which require the direction and supervision of the 
governmental authority; and those which the citizens can 
well do, but to which the supervisory authority of the state 
lends universality. 

QUESTIONS ON THE TEXT 

1. What is the basis of governmental activity? Why? 

2. How many departments of state government were provided for in 
the Constitution? Name them. 

3. Account for the increase in these departments. 

4. Into what groups may these departments be divided? Why? 

5. Outline these groups. 

6. What departments are concerned directly with the maintenance 
of state? With the protection of citizens? With economic activities? 

7. Why are boards needed? What is the character of their work? 

8. Why is the auditor general one of the sinking-fund commissioners ? 
Why one of the revenue commissioners? 

9. Why is the department of mines important? Insurance? Fac- 
tory inspection? 

10. Name five other departments which you consider important. 
Why? ' 

11. How does the state endeavor to protect the health of its citizens? 

12. What measures are taken to prevent fraud in the sale of food 
stuffs? 

13. What measures are taken to preserve and increase the forests of 
the state? 



CHAPTER V 
THE LEGISLATURE 

The legislative power of the commonwealth is vested in a 
General Assembly. This body convenes regularly at Harris- 
burg, the state capital, on the first Tuesday of January of 
every second year, but the governor may call the Assembly 
together at any other time by a proclamation issued for that 
purpose, e.g. in case of vacancy in the office of the United 
States senator occurring during a recess, or to consider leg- 
islation which the welfare of the state will not permit to be 
postponed until the next regular session. 1 Like the same 
department of the United States government, 2 the legislature 
of the state consists of two houses, — a Senate and a House of 
Representatives. Members of both houses are chosen every 
second year at the general election held in November. 
Their term of office begins on the first day of December im- 
mediately following. The pay of each member is $1500 for 
regular sessions and $500 for extra sessions. He also re- 
ceives stationery, postage, and mileage at the rate of twenty 
cents per mile each way. Salaries are, however, subject to 
two limitations: (a) a member cannot receive any compen- 
sation for services upon a committee; (b) the Constitution 
forbids any increase in the salary of the members of either 
house under any law passed during their term. 

1 No other matter may be considered save that for which the assemblymen 
are expressly called together. 

2 Boynton, "School Civics," Sections 117-141. 

36 



THE LEGISLATURE 37 

Senators. The stale is divided into fifty senatorial dis- 
tricts composed of contiguous territory as nearly equal in 
population as is possible. The qualified electors of each dis 
trict are entitled to elect one member of the Senate every four 
years. In November of every other even-numbered year 
senators are chosen from the even- numbered districts, and 
every other odd-numbered year from the odd districts. Each 
senator serves for a term of four years, but one half of them 
are chosen every second year. Whenever a vacancy occurs 
in either house, the presiding officer issues a writ of election 
directed to the sheriffs of the proper counties to fill the vacancy. 

Requirements, (a) Each senator must be at least twenty- 
five years of age; (b) a citizen and inhabitant of the state four 
years, and of his respective district one year next preceding his 
election, unless he has been absent on public business of the 
state or of the United States. During the time for which he 
is elected, a senator cannot be appointed to any civil office 
under the commonwealth, nor can he hold any office under 
the United States. Upon his election or appointment to 
any other office, his seat is at once vacated in the General 
Assembly. This limitation does not apply to either an attor- 
ney at law or to any officer in the militia. Any person 
who has been convicted of embezzlement of public moneys, 
bribery, perjury, or any other crime for which he may be im- 
prisoned in the state prison, is ineligible. During his term of 
office a senator must reside in his own district. 

Duties. The duties of the Senate are threefold: (a) execu- 
tive, (b) legislative, (c) judicial. In confirming or rejecting 
nominations made by the governor it acts in the first of these 
capacities. In passing bills it performs legislative functions. 
When it acts as a court of impeachment, it officiates as a 



38 CIVICS OF PENNSYLVANIA 

judicial body. When sitting as such a court, the senators are 
all under oath and no person can be convicted without the 
concurrence of two thirds of those present. Judgment in such 
cases does not extend farther than to removal from office 
and disqualification to hold any office in the commonwealth. 
The person accused, whether convicted or acquitted, is liable 
to indictment and trial and punishment according to law. 

Organization. The presiding officer of the Senate is the 
lieutenant governor. He is not a member and for that rea- 
son can have no vote except in case of a tie. In order that 
it may not be necessary for the Senate to reorganize through- 
out after each election, certain officers are authorized to return 
to the next regular meeting of the Assembly, i.e. chief 
clerk, transcribing clerks, sergeant-at-arms, messengers, 
librarian, etc. At 12 m., on the day fixed for the meeting 
of the General Assembly, the twenty-five senators elected, the 
former members, together with the returning officers of the 
Senate, assemble in the senate chamber and are called to order 
by the lieutenant governor. It is the custom for the former 
chaplain to open the proceedings with prayer, after which the 
secretary of the commonwealth is introduced by the sergeant- 
at-arms, and he presents to the Senate the returns of the elec- 
tion of the previous November. The clerk opens and reads 
the reports. This completed, he calls the roll of senators. 
Each newly elected senator presents himself to the clerk's 
desk and receives the oath of office. This is usually admin- 
istered by a judge of the supreme court, but sometimes a 
judge of the court of common pleas serves in this capacity. 
His name is then signed in a book prepared for that purpose. 
The election of a president pro tempore, who is to perform the 
duties of the lieutenant governor in case of his absence or 



THE LEGISLATURE 



39 



disability, is the next in course of business. After nomina- 
tions have been made, the clerks proceed with the election by 
calling the roll. The senators vote for their choice viva voce. 
As soon as the chief clerk and other officers of the Senate 
are elected, the body is ready to proceed with any business 
which may be presented. 

House of Representatives. The House of Representatives 
consists at present of 206 members. They are apportioned 
among the several counties on a ratio obtained by dividing' 
the population of the state, as ascertained by the most recent 
United States census, by 200. Under this arrangement 
Philadelphia has 41 members, and each county is entitled 
to at least one, no matter how small the population. Rep- 
resentatives must be at least twenty-one years of age and pos- 
sess all the other qualifications required for membership in 
the Senate. 1 They are chosen at the general election 
in November in even-numbered years to serve for a term of 
two years. Aside from its duties as a part of the law-making 
authority in the' state, the House prosecute- all impeachments. 
The governor and all other civil officer- are thus liable to be 
called to account by the legislature for any misdemeanor in 
office. 

Organization. The members elected, together with the 
returning officers, meet in the hall of the House of Rep- 
resentatives at 12 m. on the day fixed for opening the 
session of the Assembly for the purpose of organization. 
The clerk calls the meeting to order and presents the secre- 
tary of the commonwealth. The secretary presents the re- 
ports of the last election and retires. These reports are 

1 The circumstances which prevent one from serving as a senator apply in 
the case of representatives. 



4 o CIVICS OF PENNSYLVANIA 

opened and read. When the reading is completed the 
roll of members is called. As in the Senate, the oath of 
office is administered by a judge of the supreme court or 
of the court of common pleas, and each member signs his 
name in a specially prepared book. A speaker, chief clerk, 
and other officers of the House are elected, and the House is 
then ready for business. 

While the members of each house have different qualifica- 
tions, unequal terms of office, represent different districts, 
and perform many different functions, there are many re- 
quirements and duties of the two bodies which, if not pre- 
cisely the same, are at least coordinate. Each house is 
judge of the qualifications and election of its own members. 
A bill to become a law must be voted on favorably in both 
houses by a majority of the members elected to each house. 
Neither house may adjourn for more than three days without 
the consent of the other, nor to any other place than where the 
other is sitting. A majority of each house is sufficient for a 
quorum, but a smaller number may adjourn from day to 
day and compel the attendance of absentees. The Assembly 
prescribes the number, duties, and compensation of the officers 
and employees of each house. Each house adopts rules for 
its own government, elects its own officers, and publishes its 
own journal of procedure. It has power to punish its own 
members for disorderly behavior in its presence — such a 
punishment is not a bar to indictment for the same offense; 
to protect its members against bribes/and, with the concur- 
rence of two-thirds, to expel a member. Should a member 
be expelled for corruption, he is not again eligible for member- 
ship in either house. The sessions of each house are open 
unless the business transacted is of such a nature that it 



THE LEGISLATURE 41 

should be kep In all ses -on, felony, 

violation of oath of office, or breach of surety of the peace, the 
members of the General Assembly are free from arrest during 
their attendance at sessions and in going to and returning 
from the same. Xo one can question them for any speech 
made in either hou- 

Powers of the President, of the Senate, and Speaker of House. 
As the name indicates, the presiding officer of each house is the 
representative of the body itself in its powers, proceedings, and 
dignity, (a) He calls the hous r which he presides to 

order, ascertains whether or not there is a quorum | 
and causes the minutes of the preceding meeting to be read. 
(b) He announces the business of the day and lays it before 
the Assembly, (c) Hl repositions made by mem- 

bers, puts them before the Assembly, and - the deter- 

mination of the body. ((/ 1 Hl lian of the hall 

in which the meetings are held, he decides questions of order, 
subject to an appeal to the Assembly, and ; - order. 

(e) He receives and announces all mess 2 - from the other 
branches of government and any other appropriate communi- 
cations. (/) He signs in the presence of the body all a 
orders, add] nd joint resolutions, (g) When the leg 

lative body is engaged in judicial functions, he conducts the 
proceedings, puts questions to witnc nd pronour 

final judgment, (h) In all matters of state or ceremony, the 
presiding officer voices the sentiment of the Assembly. 
(/) The president pro tempore of the Senate and the speaker 
of the House are always members of their respective boc 
They possess the right to vote, like other members, on all 
questions before the body, and may leave the chair and 
address the body on any question. 



42 CIVICS OF PENNSYLVANIA 

Duties of the Legislature. It is the duty of the legislature : 
(a ) to make laws such as are necessary for the welfare of the 
state; (6) to divide the state into representative, senatorial, 
and judicial districts every ten years immediately after the 
taking of the United States census; (c) to appropriate money; 
(d) to fix the number, duties, and compensation of state, 
county, and township officers; (e) to elect two persons to 
represent the state in the United States Senate; (/) to count 
the votes for governor and lieutenant governor; (g) to sub- 
mit amendments to the Constitution. The legislature cannot 
attaint a person of treason or felony, nor can any ex post facto 
law, or law impairing the obligation of contracts, be passed. 
The chief business of the legislature is to make laws, but it is 
enjoined in about thirty different specific cases from passing 
certain bills, viz., those of a local or private nature. 

Prohibited Legislation. Between 1850 and 1870 the law- 
making bodies of many states had taken to themselves the 
extra-constitutional right of making laws for different locali- 
ties, instead of making laws applicable only to the whole state 
at large. Individual favors were granted and private rights 
suffered frequent infringement, much to the detriment of the 
state. When our present Constitution was adopted, it was 
deemed advisable to prohibit the legislature from passing 
certain bills. Article III, Section VII, of the Constitution 
forbade the legislature to pass any local or special law in a 
number of important cases. Only a few of these prohibited 
laws are here cited: (a) regulating affairs of counties, cities, 
and townships; * (b) changing names of persons and places; 
(c) incorporating cities or changing their charters; (d) regu- 

1 Laws applying to cities of a single class are not unconstitutional, even 
though there may be but one city in the class affected. 




THE LEGISLATURE 43 

lating the management of public schools and the raising 
of money for public school purposes; (c) exempting fines 
or refunding money legally paid into the treasury. In order 
to make doubly secure the prohibitions, no special or local 
bill can be passed unless published in the locality for at le 
thirty days before the bill is introduced into the Assembly. 
If it were not for this constitutional provision, laws might 
be limited to one or more counties. Thus there might 
be on the same subject different law< for adjoining count 
Laws extending the term of any public officer or incr«. 

or diminishing his salary after his election are also 
prohibited. 

Order of Business in the Senate. The order of business 
followed in the Senate is substantially as follows: (a) ask- 
ing leave of absence; (b) receiving reports of commit! 
(r) reading of all bills in place — the president commences on 
his left and recognizes all in their order; (d) original resolu- 
tions; (e) third reading of bills. 

Order of Business in House. After the journal is read each 
day, the order of business in the He; is substantially as 
follows: (a) letter-, petitions, and accompanying documents 
referred to committee-; (b) reports of committees; (c) bills 
read in place — counties called over in alphabetical order. 
After the regular order of business for any day has been gone 
through with, bills are taken up in the following order: 
(a) bills on third reading and final pa- b) bill- on sec- 

ond reading; (c) on lirst reading. 

Bills. Xo law can be passed except by bill, and no bill 
can be amended on its passage through either house so as to 
change its original purpose. 1 Even' bill passed must have 

1 See Boynton, '"School Civics." Section 107. 



44 CIVICS OF PENNSYLVANIA 

to do with the single subject expressed in its title, but this 
rule does not apply in the case of general appropriation bills. 
All bills must be read on three different days in each house. 
Amendments are required to be printed for the use of mem- 
bers before the final vote is taken. The final vote is taken by 
yeas and nays, and the names of those yoting for and against 
a bill are recorded in the journal of the proper house. To 
pass, a bill must have a majority of the members elected to 
each house recorded as voting in its favor. Concurrence 
in amendment in either house is accomplished in the same 
manner. Where it is desired to amend or revise an old law 
the part changed must be printed at length and voted upon 
like a new bill. Any member who is privately interested in a 
bill must disclose the fact and cannot vote. Bills may origi- 
nate in either house, except revenue bills, which must come 
from the House of Representatives. Before a member of the 
Assembly presents his bill for consideration, he must have it 
written and folded in proper form. On the back must be 
indorsed the name, title, county, and date of presentation. 
Form of indorsement : — 

TITLE 

NAME OF MEMBER 

COUNTY 

DATE 

Senate (or H. R.) 

In the Senate bills are presented in triplicate and in the 
House in duplicate. To prevent confusion in the House, the 
speaker calls the list of counties alphabetically, and if a 
member desires to present a bill he rises and reads the title 
of the proposed bill. The speaker then refers the bill to the 



THE LEGISLATURE 45 

proper committee. In the Senate the form of presentation is 
precisely the same, except that the president recognizes mem- 
bers in order, beginning on his left. 

When a bill has been referred by the speaker to a committee 
for its consideration, the committee's duty is to examine it 
and report the result of their deliberations. The committee 
may do one of four things, — report favorably, amend the bill, 
report adversely, or fail to report. Should they pursue the 
first course, the bill would be given in charge of one of their 
members to be reported back to the House, the secretary first 
indorsing the name of the committee and the words " as 
committed." If any additions have been made, the bill is 
indorsed " with amendments." Should the committee de- 
cide to reject the bill, the secretary indorses the words " nega- 
tive recommendation " on the back. This is what is known 
as " killing a bill in committee," though it does not always 
follow that the bill may never be heard from again, for the bill 
may be placed # on the calendar of the house concerned by a 
majority vote of the members. All favorably reported bills 
are put on the file and calendars in their proper order and 
placed upon the desks of members. Whenever a bill is sent 
from the Senate to the House, or vice versa, it is at once re- 
ferred to the proper committee. If it seems desirable to 
amend it, the committee is at liberty to do so. No part of a 
bill is ever destroyed, but a line is drawn around the words to 
be stricken out. 

When a bill has been favorably reported by a committee, it 
is printed for the use of members and placed on the calendar 
of bills on first reading. It is then read at length and cannot 
be amended. On the second day the number and title is 
announced and the bill is committed to the committee of the 



46 CIVICS OF PENNSYLVANIA 

whole. It is then read, section by section, debated, and 
amended. After the bill has been read a second time, con- 
sidered, and agreed to, it is transcribed, unless a motion to 
that effect is defeated, for the third reading. Bills on third 
reading are placed on the calendar in the order in which 
they are agreed to on the second reading. After the third 
reading the final question is put, although the bill may still 
be amended on vote of the majority. If the bill passes, the 
speaker orders the clerk to present it to the other house for 
concurrence. 

Resolutions. A resolution in general is the expression of 
the will of a legislative body with respect to some particular 
thing, either public or private. It is never more than direc- 
tory. Resolutions are of three kinds, — - original, joint, and 
concurrent. When a member desires to bring before the 
House any proposition, he writes it out and presents it in the 
form of a resolution. A second reading is usually ordered. 
After the second reading, the resolution may be regularly 
considered and amended. If a second reading is refused, 
the resolution is regarded as rejected for the time being; but 
the one who offered it is not precluded from presenting the 
matter at a later time. Joint resolutions are in the nature 
of bills, and are offered as bills in place. Concurrent resolu- 
tions are those that require the action of both the Senate 
and the House. 

Petitions. Letters, petitions, remonstrances, and the like 
are frequently presented to both houses. They are first 
considered in much the same manner as a bill. They are 
then filed with the chief clerk. He presents them to the pre- 
siding officer, by whom they are referred to the proper com- 
mittee. 



THE LEGISLATURE 47 

Indorsement on petition : — 

NAME OF MEMBER 

COUNTY 

SUBSTANCE OF PETITION 

DATE 

Senate (or H. R.) 

No bills are transmitted or received by either house within 
four days of the time fixed for adjournment sine die, and in 
the lower house only Senate amendments and reports of con- 
ference committees are considered. Xo bill or resolution can 
be passed by either house on the day of final adjournment, 
and all bills must have been compared and certified by the 
proper committee and presented to the governor for his signa- 
ture before 8 p.m. on the day of final adjournment. 

Motions. Motions are always made by a member from his 
own desk, and if the speaker or two members require it, the 
motion must be put in writing. The sense of both houses on 
any question may be obtained in one of three ways. The 
usual form is by " aye " and tk no " votes. If a member calls 
for a division of the house, the speaker puts the question and 
requests those in favor of the bill to rise. When the num- 
ber standing has been counted and announced, the negative 
of the question is put in the same manner. In the Senate, 
when there is a quorum present and less than a quorum reg- 
istered as voting on any subject, not less than four senators 
may demand a call of the Senate. The doors are closed and 
the roll called. When it is ascertained that a quorum is 
present, the vote is again taken, and the names of those re- 
fusing to vote are recorded in the journal as " present, but 
not voting." The speaker may call these members to his 



48 CIVICS OF PENNSYLVANIA 

desk and reprimand them. In the House, when a quorum is 
present and less than a quorum voting, the members not 
voting are judged in contempt, and the privilege of member- 
ship is refused until the contempt is purged. When less than 
a quorum is present, the sergeant-at-arms is sent to take the 
absent members into custody and bring them before the bar of 
the House, where they may be either excused or reprimanded 
by the speaker. The final vote on all motions is always 
taken by "yea" and "nay," and the names of those voting 
entered in the journal. 

How a Bill becomes a Law. Although a bill has been 
passed by both houses and signed by the proper officers, it 
is not yet a law, for it still requires the signature of the gov- 
ernor. Even resolutions requiring the concurrence of both 
houses are sent to him for his approval. When sent to the 
governor, a bill must be an exact reproduction of the order as 
finally passed. If it is not returned to the house in which 
it originated, signed by the governor, within ten days after it is 
presented to him, it becomes a law in the same manner as if 
he had signed it, unless the General Assembly adjourns 
in the meantime. In this event, if the governor desires to 
exercise his power of veto, he must file the bill, together with 
his objections, in the office of the secretary of the common- 
wealth and give notice thereof by public proclamation within 
thirty days after the adjournment. Any item or items of a 
bill making appropriations of money may be disapproved 
by the governor, but the portion not approved may be passed 
over his veto in the usual manner. When a bill is not returned 
within the required time limit, the clerks of both houses cer- 
tify to the fact that bill . . . was not returned within ten 
days after it was presented to the governor and notify the 



THE LEGISLATURE 49 

secretary of the commonwealth. When the governor vetoes 
a bill, his objections are entered upon the journal of the 
house to which the bill is returned. The Constitution re- 
quires the house to reconsider such a bill, but this is not 
mandatory. Should the bill again be passed by a vote of 
two thirds of the members of both houses, it becomes a law 
over the governor's veto. A separate certificate is signed by 
the presiding officer and clerk of each house, setting forth 
the fact that the bill was approved and passed by the neces- 
sary number of votes. 

Committees. Committees fill an important place in the 
making of laws, for every bill must be referred to a committee 
for consideration. Committees are of four kinds: (a) com- 
mittee of the whole house; (b) standing committees; (c) select 
committees; (d) conference committees. There are many 
times when the House acts as a committee of the whole, e.g. 
upon the second reading of a bill. When the House resolves 
itself into such a committee, the speaker calls another to his 
place as chairman, and he acts only as a regular member. 
Great freedom of debate is allowed, and consequently the bill 
receives more discussion than it w T ould under the general order 
of business. There are no less than thirty-nine standing 
committees in the House of Representatives. These are ap- 
pointed by the speaker at the commencement of each session. 
The several committees each consist of twenty-five members, 
except the one on appropriations, which has thirty members. 
Some of the more important committees are: committee on 
ways and means (the revenue committee), committee on 
railways, on corporations, on education, on public health, on 
iron and coal, on agriculture, on banks, and the committee 
on accounts. In the Senate there are thirty-two standing 



5 o CIVICS OF PENNSYLVANIA 

committees. For the greater part these bear the same titles 
as those in the lower house and perform practically the same 
functions. In addition to the house committees, there is one 
on insurance, one on mines and mining, and another on mili- 
tary affairs. The Senate committees generally consist of 
seven senators each, but there are committees of nine, eleven, 
and thirteen senators, while the one on appropriations consists 
of twenty-one. The president pro tempore is ex officio a 
member of all standing committees. Select committees are 
appointed to do specific things, and they pass out of existence 
when their task is completed. 

Whenever the tw 7 o houses cannot agree on any subject, 
resort is sometimes had to a conference committee. Should 
either house desire a conference on some particular subject 
and appoint a committee for this purpose, the other house 
appoints a similar committee to confer. In all cases where 
a conference takes place, the committee is composed of the 
members who vote in the majority on the point of difference. 
This committee has control only over that part of the bill 
concerning which the two houses are at variance. 

Legislation. The first duty of the legislature is to make 
laws. Matters of legislation may be well classified under 
three heads: (a) ordinary law, that is the law of contracts, 
family relations, etc.; (b) administrative law, which includes 
the regulation of education, public works, methods of gov- 
ernment, laws concerning labor, those which have to do with 
taxation and with corporations; (c) measures of a local and 
special nature, such as the granting of charters to gas and 
water companies, conferring franchises, and regulating the 
affairs of counties and townships. All laws passed by the 
legislature are comprehended in the above groups. 



THE LEGISLATURE 51 

Districts. A second duty of the legislature is to divide 
the state into senatorial and representative districts. This 
is done by means of ratios. The senatorial ratio is obtained 
by dividing the whole population of the state by 50. If we 
were to divide 6,302,115, the population of the state in 1900, 
we should find the senatorial ratio to be 126,042. Not all 
counties have as large a population as this, and it is often 
necessary to place two or three counties in a single district. 
This, of course, gives the state legislature, when a redistricting 
of the state becomes necessary, an opportunity to gerry- 
mander, 1 — that is to say, to put counties together in such a 
way as to give one political party continuous prestige in a 
number of districts. Take four counties; for example, A, B, 
C, and D. Let A and D have large Republican majorii 
and B andC small Democratic majorities. To place A and D 
together, and B and C, would result in the return of one Re- 
publican and one Democrat to the legislature ; but place A and 
B, and C and D, together, and two Republicans will be elected. 
A majority once attained in the legislature may thus be con- 
tinued in power through this process of redistricting. The 
thirty-third and thirty-eighth senatorial district are perhaps 
the best examples of this sort of manipulation. The first 
is composed of Franklin and Huntingdon counties; the sec- 
ond of Clarion, Forest, Elk, and Cameron. The first is a long, 
narrow strip of territory; the second has the appearance on 
the map of a sphinx upside down. Generally there has been 
little incentive to gerrymander in Pennsylvania, because of 
the strength of the Republican party. There are at present 
fifty members in the Senate ; of these but ten are Democrats. 
Gerrymandering in the case of representative districts is not 

1 See Boynton, " School Civics," Section 124. 



52 CIVICS OF PENNSYLVANIA 

so apparent, because each county is entitled to one represen- 
tative, even though it has an incomplete ratio. 

The legislature also divides the state into judicial districts, 
fixing the number of judges in each from time to time as 
business may require. 

Revenue. The legislature holds the purse strings of the 
commonwealth. The method of raising revenue, the prop- 
erty upon which taxes are levied, the nature and extent of 
licenses, are all subject to the control of the two houses. A 
limitation upon this power exists in the requirement that 
money bills must originate in the lower house. No money 
can be paid out by the state except as authorized by a bill 
properly passed and signed. 

Duties of Officers, etc. The legislature creates new depart- 
ments of state as necessity demands. New counties and town- 
ships are erected as population increases. Offices may be 
enlarged or diminished, and the compensation paid to officers 
changed, but one cannot be legislated out of office. The 
powers, duties, and rights of officers are all fixed by the leg- 
islature, except in such cases as are otherwise specified by 
the Constitution. 

United States Senators. A fifth duty of the legislature is to 
elect two United States senators. 1 On the second Tuesday 
after the organization of the legislature, which is chosen pre- 
ceding the expiration of the senatorial term, one person is 
named to represent the state in Congress. If either 
house fails to give a majority, the two houses convene 
on the following day. A majority of all the members of both 
houses must be present and voting. At least one vote must 
be taken every day until a conclusion is reached. When the 

1 See Boynton, "School Civics," Section 133. 



THE LEGISLATURE 



53 






election is closed, the presiding officer signs a certificate in 
quadruplicate; one copy is transmitted to the person elected, 
one to the governor, and one to each of the two houses, to be 
entered on their respective journals. When a vacancy oc- 
curs in a recess between sessions, the governor convenes the 
two houses to elect a successor, or he may make a temporary 
appointment. 

Amendments. The legislature cannot amend the Constitu- 
tion. A mere proposal to amend is the limit of its authority. 
If such a proposal is agreed to by a majority of the members 
of both houses, the fact is entered upon their journals, and the 
secretary of the commonwealth publi>he> the resolution in at 
least two newspapers in every county three months prior to 
the next general election. Should the amendment be agreed 
to by a majority of the members of the next General Assembly, 
this fact is again published. Finally, the proposed amendment 
is submitted to the people at least three months later. If it 
is approved by a majority of those voting on the amendment, 
it becomes a part of the Constitution. No amendment can 
be submitted more than once in five years. The machinery 
of amendment is somewhat unwieldy, but the lethargic condi- 
tion thus produced is offset by the assurance that no hasty 
and regrettable action is likely to be taken. Then, too, affairs 
vitally affecting the government in a state like Pennsylvania 
do not arise in a single season. Alterations are necessary 
only to keep pace with growth often imperceptible. There is 
enough elasticity in the Constitution so that the legislature has 
sufficient power to cope with situations however serious until 
the slow wheels of constitution making or amending can be 
set in motion. A new constitution may be adopted at any 
time in a convention of delegates chosen by the people. This 



54 CIVICS OF PENNSYLVANIA 

constitution would be referred back to the people for a referen- 
dum vote. 

Limitations on Legislative Powers. The legislature is the 
strongest element in the state government, for its members 
are the delegates of the people ; but in everything which the 
legislature undertakes its sphere of activity is limited. Like 
the other members of the tricorn, it is subservient to the 
Constitution and all the limitations expressed in that instru- 
ment. Division into two houses materially weakens its 
strength. Short terms enable the people to replace readily 
any one who does not represent their ideas, or who opposes 
a measure of which they approve. The executive veto is 
another check which, in the hands of a determined gov- 
ernor, becomes a formidable weapon. 

The Constitution of 1873 included many things which, under 
natural conditions, should be left to the discretion of the leg- 
islature. The fact that the people have a desire to act directly, 
rather than through their representatives, has been a strong 
factor in the process of limiting the power of the legislature. 
This has resulted in the introduction of the referendum in 
such instances as the amendment of the Constitution and in- 
creasing the state debt. The legislature proposes the law, 
but refers it back to the people for their affirmative vote before 
it can go into effect. The growth of this system is everywhere 
marked in Democratic communities. Limitations placed on 
delegated legislative authority are to be viewed generally with 
favor. 

The state Constitution is far better, both in form and in 
substance, than the laws made by the legislature, because it 
was the work of abler men acting under a special commission 
which imposes special responsibility. The desire of people 



THE LEGISLATURE 55 

to take into their own hands the entire control of their gov- 
ernment leads them to make of their representatives mere 
delegates, and a consequent restriction of power is the inevi 
table result. 

QUESTIONS ON THE TEXT 

1. Compare the local legislature with the national legislature: 
(a) as to composition; (b) eligibility of members; (c) term; (d) method 
of election ; (e) salaries. 

2. How many senatorial districts are there? How are senators 
chosen ? 

3. What are the necessary requirements of a state senator? 

4. In what respect arc the duties of the Senate executive ? Legisla- 
tive? Judicial? Why? Give examples. 

5. Who is the presiding officer of the Senate? Can he vote? 

6. Who is the president pro tempore? When may he vote? 

7. How many representatives has each county? 

8. How is the House of Representatives organized? 

9. What are the qualifications of representatives? 

10. What are the powers of the president of the Senate ? Speaker of 
the House? 

11. Name seven duties of the legislature. 

12. Why is the legislature prohibited from making certain laws? 
Name four instances in which the legislature is prohibited from passing 
special and local acts. 

13. Trace a bill from its origin in the House or Senate until it is signed 
by the governor. 

14. May a bill become a law without the governor's signature ? How ? 

15. Distinguish between a bill, resolution, and petition. 

16. How are bills brought before either house for consideration ? 

17. How are motions put ? 

18. What is the purpose of the committee system ? How are bills 
referred to committees? 

19. In what way may a committee act upon a bill ? 

20. Name four kinds of committees. 



56 CIVICS OF PENNSYLVANIA 

21. Distinguish between select and standing committees. How does 
the committee of the whole house differ in its duties from a standing 
committee ? 

22. How are conference committees chosen? What are their duties? 

23. How would you classify laws passed by the legislature? 

24. What laws are administrative in their nature? 

25. How is it possible to gerrymander ? When ? Why not in Pennsyl- 
vania ? 

26. How does the legislature control the revenue ? Where do revenue 
bills originate? Why? 

27. What control does the legislature exercise over offices and 
officers ? 

28. How may the Constitution be amended? What are the advan- 
tages in this method of amendment? What are the disadvantages? 

29. Name four limitations on the powers of the legislature. Why are 
these limitations necessary? 

30. Why are laws enacted by the legislature weaker than the Constitu- 
tion? 

31. What is meant by referendum? When is it used? Why? 



CHAPTER VI 
THE JUDICIARY 

The third power of the state government is the judicial, 1 
or law-interpreting, fixed by the Constitution in the courts. 
This power is vested in a supreme court, superior court, court 
of common pleas, court of oyer and terminer and general 
jail delivery, court of quarter sessions of the peace, orphans' 
court, and magistrates' courts. 

Supreme Court. There are seven supreme-court judges, 
elected at large by the qualified electors of the state for a term 
of twenty-one years, subject to the limitation of good behav- 
ior. They are not eligible for reelection; they must be resi- 
dents of the state, qualified electors thereof, and learned in the 
law. During his term, a judge is not permitted to hold any 
other office, state or national. Each takes an oath to sup- 
port, obey, and defend the Constitution of the United States 
and of Pennsylvania. The newly elected judge begins his 
duties on the first Monday of January next after his election. 
When two judges are elected at the same time, they cast lots 
for priority, and the governor issues their commissions accord- 
ing to the result. The judge who has been on the supreme 
bench for the longest time is, by virtue of that fact, chief 
justice. He receives a salary of 810,500 per annum, while 
each of the associate justices receives Sio,ooo. 

The state is divided into three districts, — eastern, middle, 
and western, Court sessions are held in Philadelphia begin- 

1 See Boynton, ''School Civics," Sections 272-291; also 35S-362. 

57 



58 CIVICS OF PENNSYLVANIA 

ning on the first Monday in January ; in Harrisburg beginning 
the twenty-first Monday after the first day's sitting in Phila- 
delphia ; in Pittsburg beginning on the second Monday in 
October. 

The jurisdiction of the supreme court extends over the entire 
state, and its judges, by virtue of their office, may hold a court 
of oyer and terminer in any county of the state. This court 
has both original and appellate jurisdiction. Original juris- 
diction in (a) injunctions where a corporation is a party de- 
fendant; (b) cases of habeas corpus; (c) mandamus to courts 
of inferior jurisdiction; (d) quo warranto to officers of the 
state. 1 These are the instances in which one may begin his 
suit in the supreme court. Appellate jurisdiction is confined 
to (a) appeal, (b) certiorari, (c) writ of error. This appel- 
late jurisdiction extends to cases where inferior courts have 
had original jurisdiction. Either party to a civil suit may 
make an appeal. Criminal suits may be appealed only by 
the defendant, but he must first get permission from one of 
the superior court justices. This serves as a check upon 
unnecessary appeals. 

The supreme court is the court of last resort in the state, 
and no appeal can be made to any. of the United States courts, 
except when the case involves the Constitution, laws, or trea- 

1 Oyer and terminer — to hear and determine. Injunction — a pro- 
hibitory writ to restrain parties from doing certain things. Habeas cor- 
pus — a writ commanding a person detaining another to produce him in 
court Mandamus — a writ issued in the name of the sovereignty to any 
person, corporation, or court, requiring the performance of a particular 
act. Quo warranto — a proceeding wherein the government attempts to 
recover an office or franchise from the person or corporation in possession 
of it. Certiorari — a writ issued by a superior court to an inferior court 
requiring the latter to send into the former some proceeding therein 
pending. 



THE JUDICIARY 59 

ties of the United States and the decision is against their 
validity. 

Superior Court. Owing to the great amount of work de- 
volving upon the supreme court, a superior court was estab- 
lished in 1895. It consists of seven judges, learned in the 
law, elected by the qualified electors of the state. They are 
chosen for a term of ten years and begin to exercise their offi- 
cial functions on the first Monday of January following their 
election. Each receives a salary of $9000. Whenever a 
vacancy occurs by death, or otherwise, the governor may 
appoint with the consent of the Senate a proper person to fill 
the vacancy until the next general election. 1 This court holds 
sessions once each year in Philadelphia, Harrisburg, Pitts- 
burg, Williamsport, and Scranton. It has no original juris- 
diction except to issue writs of habeas corpus. It has final 
appellate jurisdiction in the following cases: (a) all claims 
less than $1500, except cases brought by the attorney- gen- 
eral in his official capacity; (b) all cases brought in the quar- 
ter sessions, except the right to public office; (c) all cases in 
oyer and terminer, except felonious homicide, which is appeal- 
able to the supreme court direct. Appeals may be made 
from the decision of this court in cases where (a) jurisdiction 
of the superior court is questioned; (b) where the Constitution 
of Pennsylvania is drawn into question; (c) where the Consti- 
tution and laws of the United States are involved. 

In an appeal to either the supreme court or the superior 
court no jury or witnesses are present. The stenographic 
report, which includes all the evidence and motions made 
before the lower court, is printed in pamphlet form and sub- 

1 For appointments when the Senate is not in session, see Constitution, 
Article IV, Section VIII. 




60 CIVICS OF PENNSYLVANIA 

mitted for examination. Here the attorneys may present 
their arguments, but no new evidence is received. The deci- 
sion of the lower court may be sustained, reversed, or the case 
remanded for retrial. In this latter instance the whole case 
is reopened and the cause stands as though there had been no 
trial. 

Court Reports. The state courts are almost as important 
lawmakers as is the legislature. So long as they are not re- 
versed, the decisions of the supreme court are the law for the 
determination of all subsequent cases of similar nature in this 
as well as in the inferior courts of the state. At the time each 
case is decided the judges reduce their opinion to writing. 
The facts involved, the questions of law, the opinion of the 
judges, and the final decisions of every suit w T hich reaches 
either of these courts are all carefully compiled by a court 
reporter and published. 

County Courts. The remaining courts are county courts, 
so called because of the physical limits set to the processes 
they issue. It is not to be inferred, however, that their 
duties are purely of a local character. On the other hand, the 
decisions handed down often affect the state as a whole. The 
judges of these courts are elected by districts, and confined to 
their respective districts in the exercise of their proper powers; 
but they are state officers engaged in the performance of a state 
duty whenever they issue mandatory or punitive decrees, or 
when they are called upon to interpret a statute. 

Districts. When a county reaches a population of 40,000, 
it is created a separate judicial district. When a county does 
not contain the requisite number of inhabitants, it is joined 
to another, and the two constitute a judicial district. Not 
more than four counties can be united to form a single 



THE JUDICIARY 61 

district. The judges elected serve for a term of ten years. 
They are commissioned by the governor, who may remove 
them upon an address of two thirds of both houses. .Their 
salary depends upon the population of the district, varying 
from $5000 to S8500. 

District Judges. These district judges, learned in the law, 
preside over the court of common pleas, oyer and terminer, 
quarter sessions, and orphans' court. Within their respective 
districts they also perform the duties of a justice of the peace. 
They conduct trials, hear evidence, decide the points of law 
raised in the progress of a trial, and charge, i.e. instruct, the 
jury as to the law governing the suit prior to the latter render- 
ing its verdict. They issue writs of habeas corpus, manda- 
mus, quo warranto, and injunction. They stay executions 
of persons and writs, grant petitions, issue naturalization 
papers, remove certain minor officials, e.g. incompetent elec- 
tion officers, and charter corporations not for profit, such as 
hospitals, cemeteries, etc. 

In counties having a population of more than 150,000 a 
separate orphans' court is established, with one or more 
judges. When there are several judges in a district, that one 
having the oldest commission is called the president judge, 
a distinction which he continues to hold until he finally 
vacates the office. 

In Philadelphia County there are five courts of common 
pleas, each consisting of three judges, including the president 
judge. The Constitution abolished the office of judge not 
learned in law (termed lay judges) .in all counties of over 
40,000 population. In other counties they are elected for a 
term of five years. They have, in general, the same powers in 
civil suits as other judges, but they seldom exercise them. 



62 CIVICS OF PENNSYLVANIA 

They are mainly advisory members, although they have held 
court in some instances and charged juries. They administer 
oaths, stay writs of execution, issue writs of habeas corpus, 
etc. In granting licenses and in the establishment of roads, 
they exercise an equal voice with the other judges. There are 
in all fifty-six judicial districts in the state, in which sit ninety- 
five judges of the court of common pleas and fourteen judges 
of the orphans' court. No judge of any court in Pennsylvania 
is permitted to practice as an attorney or to act as counsel 
in a court of justice or to exercise the office of alderman or 
notary public. 

Court of Common Pleas. The court of common pleas 
is a court of record, that is to say, its proceedings are written 
down for a perpetual memorial. The time for holding the 
regular terms of court is fixed by the judges. Each court has 
a seal, which is attached to the official documents issued by it. 
The court of common pleas has jurisdiction within the respec- 
tive counties to determine all actions and suits according to 
the laws of the commonwealth, and to grant writs necessary 
for the exercise of such jurisdiction. This court has an 
equity jurisdiction, and in such cases the rules of procedure 
follow those of the United States courts. 

Court of Oyer and Terminer and General Jail Delivery. A 
court of oyer and terminer and general jail delivery is held 
in each county four times every year by the judges of the 
court of common pleas. Necessary rules regulating the prac- 
tice are established by the judges. The court may issue a 
subpoena to any person in the commonwealth and direct writs 
to the sheriff of any county. This court inquires into crimes 
committed, punishes offenders, and delivers the jails of all 
persons held therein. It has exclusive jurisdiction: (a) in 



THE JUDICIARY 63 

cases of murder or manslaughter; (b) in cases of treason 
against the commonwealth; (c) over persons charged with 
robber}', burglary, arson, and mayhem. 

Quarter Sessions. A court of quarter sessions is held in 
each county by the judges of the court of common pleas four 
times each year. 1 The judges fix the time of holding court 
as business requires; but if there are matters still pending 
when the end of a term is reached, a special adjourned session 
may be held to finish the trial of all cases. This court has 
jurisdiction : (a ) over all crimes and misdemeanors, with power 
to punish where jurisdiction is not given to the court of oyer 
and terminer; (b) in cases of fines or penalties imposed by 
act of Assembly. The judges are also authorized to take 
recognizances, and to exercise the power- of committing 
magistrates. 

Orphans' Court. There are fourteen judges of the orphans' 
court residing in nine counties. In all the other counties the 
judges of the court of common pleas perform the functions 
of this court. Orphans' court is held in every county during 
the first week of each term of the court of common pleas, and 
at other times if necessary. Matters within the jurisdiction 
of this court are: (a) the appointment, control, and removal 
of the guardians of minors; (b) the appointment and control 
of administrators; (c) the removal and discharge of execu- 
tors; (d) the saleof real estate of descendants; (e)the partition 
of real estate among heirs; (/*) the appointment of appraisers; 
(g) the determination of the validity of wills; (//) the exami- 
nation of accounts of executors, administrators, guardians, 
and testamentary trustees. Judges of the orphans' court 

1 In Philadelphia County a new term of eourt begins -on the first of every 
month, except during the summer vacation. 



64 CIVICS OF PENNSYLVANIA 

receive the same compensation as those who sit in the court 
of common pleas in the same county. 

Justices of the Peace. Two justices of the peace are elected 
in each of the townships and boroughs in the state on the 
third Tuesday in February. 1 A justice of the peace must file 
his acceptance of the office with the prothonotary of his county, 
stating who he is to succeed. A commission for five years 
is issued by the governor, the, term of office beginning on the 
first Monday in May following the election. The justice of 
the peace is a township officer, and his court is of limited 
jurisdiction and not a court of record. His duty is confined 
mainly to settling petty disputes arising between neighbors. 
Suits up to the value of $300 may be brought before any jus- 
tice. His jurisdiction is final in certain minor matters. In 
case of crime the justice issues a warrant upon proper com- 
plaint. For minor offenses he imposes fines ; but where the 
wrongful act is of a serious nature, he binds the offender over to 
court, releasing him on bail until the time of trial. Where the 
offense is not bailable, as murder, the wrongdoer is ordered 
imprisoned pending trial. A justice may administer oaths, 
take acknowledgments to deeds, perform marriage ceremonies, 
etc. He must have a seal, which he affixes to all official papers. 
Aldermen and magistrates perform these functions in cities. 

In addition to the above, there is the coroner's court and the 
register's court. The authority of the latter is limited to con- 
tested will cases and rights of administration. 

In cities of over 50,000 one alderman is elected for each 
ward for a term of five years. Aldermen have power to 
hear and determine all actions of debt for penalty for the 

1 Residence in the township for one year next preceding election is 
essential. 



THE JUDICIARY 65 

breach of any ordinance of a city, subject to appeal. In 
Philadelphia one magistrate is elected at large for every 30,000 
inhabitants instead of aldermen. Magistrates are ex .officio 
justices of the peace. They hold what is known as a police 
court and have jurisdiction over civil cases not exceeding 
Sioo. They serve for five years. 

Jury. The state Constitution provides that the right of 
trial by jury shall remain inviolate; that in criminal prosecu- 
tions the accused shall have a speedy public trial by an im- 
partial jury, and that no person shall be proceeded against 
criminally by information. The jury is distinctly an Anglo- 
Saxon institution that has endured since time immemorial. 
For the real foundation of the system, we look back to Magna 
Charta, granted by King John in 1215. 

There are two kinds of juries, — the grand jury and the 
petit jury. Both are composed of qualified electors residing 
within the county for which they are chosen by lot. Twenty- 
four men are summoned for the grand jury, one of whom is 
excused in order to prevent equal division. The court ap- 
points one as foreman. The petit jury is composed of twelve 
men. The names of a number of citizens determined upon 
by the court are put into a jury wheel by the sheriff and jury 
commissioners. These compose the panel of jurors and are 
called veniremen. The names of twelve are drawn out for 
each case that comes before the court. After they have 
taken their places in the jury box, the attorneys for the oppos- 
ing parties in a case may ask to have certain ones dis- 
missed. Sometimes jurors are challenged for cause, such as 
prejudice, opinion formed, age, or general disability, and then 
additional names are drawn from the wheel. If the panel is 
exhausted before twelve men are chosen, others may be 



66 CIVICS OF PENNSYLVANIA 

hastily summoned by the sheriff. These are called tales- 
men. 

The grand jury decides what criminal cases are to be brought 
before the court. It hears only the evidence against the 
accused. The district attorney draws up an accusation, 
called an indictment, which he presents. If a case is made 
out against the wrongdoer, the foreman indorses the indict- 
ment, which makes it a " true bill." Another duty of the 
grand jury is to inspect the public buildings of the county, — 
its poorhouse, prison, etc. 

The twelve petit jurors are forbidden access to any person 
during the progress of a trial. After listening to the evidence, 
the pleas of the attorneys, and the charge to the jury, they retire 
and make up their verdict. This verdict must be unanimous, 
either " guilty " or " not guilty." Sometimes, after hours of 
deliberation, they are unable to reach a unanimous decision; 
the judge then discharges them and a new trial is had. In 
civil cases the procedure is the same : the decision is either 
for the plaintiff or for the defendant. The length of service 
is seldom more than two weeks, though a juryman must con- 
tinue to serve until the case on which he sits has been deter- 
mined. There are also sheriffs' juries, coroners' juries, road 
juries, and sometimes on order of a magistrate or a justice 
of the peace a jury is summoned before him to try a case. 
These juries are usually limited to six men. The jury takes 
cognizance of facts only; the court determines the law. 

Court Officers. The supreme court appoints a clerk or 
prothonotary at each place of sitting. He has custody of the 
records and seal of the court. He performs such duties, 
other than the care of the records and dockets, as the court 
directs. The prothonotaries of the supreme court are ex 



THE JUDICIARY 67 

officio prothonotaries of the superior court, but the latter 
court appoints its own prothonotary at all other places where 
it sits. Each court keeps separate files and dockets ; so, that 
a complete and careful record of every case is preserved. 

There is an entry docket or book in which is copied a brief 
statement of the case, showing who the parties are and 
their cause of action. In the judgment docket are kept the 
findings of the court and a concluding note showing how the 
matter in controversy was ultimately settled. These records 
become more complex as the duties of the court are mul- 
tiplied. 

County Prothonotary. In every county there is a prothono- 
tary who serves as a clerk of the court of common pleas. He 
is chosen at the general election for a term of three years, and 
is commissioned by the governor to hold office beginning with 
the first Monday in January. Philadelphia County is an ex- 
ception to this general rule, for here the prothonotary is 
appointed by the judges of the court and holds office subject 
to removal by a majority of these judges. He appoints such 
assistants as may be necessary. As clerk he keeps a full rec- 
ord of every case, including judgment. 1 The prothonotary 
of the county court is not the agent or officer of the common- 
wealth; he is only an officer of the court, and in so far as he 

1 The county prothonotary has power: (a) to affix the seal of the court to 
all writs and processes ; (b) to take bail in civil actions ; (c) to enter judgment 
at the expense of the plaintiff on failure to convict the defendant ; (d) to sign 
all judgments; (e) to acknowledge satisfaction of judgments entered on the 
record of the court; (/) to administer oaths to jurors and witnesses; (g) to 
acrept bail for stay of execution on property; (h) to keep dockets of 
mechanics' liens ; (f) to discharge insolvent debtors ; (;') to make searches and 
issue certificates of search; (k) to act as a depository of money paid into 
the court; (/) to keep records of physicians, lunatics, and insane; of naturali- 
zations; of city, countv. and national elections. 



68 CIVICS OF PENNSYLVANIA 

enters the court's decrees, the judges of the court act through 
him. His commission imposes no duties, except those that 
grow ouj of his official relations with the court as its clerk. 

Clerk of the Courts. The county clerk is chosen for a term 
of three years at the general election. He keeps his office 
at the county seat in the county building. This officer takes 
bail and approves bonds in the absence of the judge in all 
cases except treason, murder, or manslaughter. He has the 
custody of court records and the seal of the court. All papers 
filed with the court, such as applications for liquor licenses, 
are put into his hands for safe keeping. Whenever the 
amount of business to be transacted makes it necessary, he 
may appoint deputies. Every year he makes a full statement 
of the general business of the court to the secretary of the 
commonwealth, showing the number of " true bills " found, 
the number of convictions, the nature of offenses, the 
number of recognizances forfeited, and other matters in 
detail. 

The county clerk is the clerk of the criminal courts. In 
some of the counties of limited population the prothonotary 
is not only the clerk of the court of common pleas, but also 
of the courts of quarter sessions, oyer and terminer, and or- 
phans' court. In some of the counties where separate or- 
phans' courts have been established, provision has generally 
been made for the election of a separate clerk. In other 
counties the duties of this office fall upon the register of wills, 
i.e. Philadelphia. 

The judges of the several courts have authority to appoint 
criers and tipstaves. The crier calls the court to order; all 
persons in the room rise and stand uncovered while the crier 
proclaims the court opened in the name of the commonwealth, 



THE JUDICIARY 69 

The court being formally opened, a case is at once called. 
The tipstaff is the judge's messenger and orderly. 

Notary Public. The governor appoints, with the consejit of 
the Senate, and commissions as many notaries as in his 
judgment the interests of the state require. Not only men but 
women are eligible. Good character, state citizenship, twenty- 
one years of age, and residence in the city or county for which 
the commission is issued for two years immediately preceding 
the appointment are the necessary prerequisites. The term of 
office is five years — during good behavior. No commission 
is ever issued until the prospective notary deposits $25 in the 
state treasury. Appointment and commission are not suf- 
ficient to give power to act; a notary must take an oath to 
perform all the duties of his office faithfully and to support the 
Constitution. He must also file a bond. Every notary must 
have a seal with which to authenticate all his acts, for unless 
his seal is attached no affidavit taken before him is valid. 1 

A notary has power to take depositions, to receive acknowl- 
edgments and proofs of deeds, conveyances, mortgages, 
or other instruments in writing concerning lands and tene- 
ments in any part of the state. 2 When a person desires to 
swear to the truth or falsity of a written instrument, he pre- 
sents himself to the notary and takes oath that the matter set 
forth is true to the best of his knowledge and belief. After 
administering the oath, the notary signs his name and attaches 
his seal, adds the date upon which his term of office expires, 
and at that moment the paper becomes an official document. 

1 Hortsman vs. Kaufman, 7 W. N. C. 487, 1879. 

2 Notaries are in law and in fact state and not county officers. They are as 
much state officers as the judges of the supreme court or court of common 
pleas. Davey vs. Ruffel, 3 D. R. 75, 1893. 



70 CIVICS OF PENNSYLVANIA 

He has power to receive acknowledgments in writing relating 
to commerce, letters of attorney, and matters usually ap- 
proved, and to certify to their truth. He may inquire into 
the legality of marriage of persons intending to so contract; 
he may administer oaths in divorce proceedings, or take 
depositions for use before magistrates or justices of the peace. 
In order to aid in the enforcement of the school laws and fac- 
tory laws of the state, he is authorized to issue certificates 
of age and to inquire into the ability of children to read and 
write the English language. Persons guilty of " false swear- 
ing " before a notary are subject to all the penalties prescribed 
for such offense. A notary is many times a quasi judicial 
as well as a ministerial officer. 1 Every notary is required to 
keep a register of his affidavits. 

Although a notary's commission may direct him to reside 
in some particular borough or city in a county, he may have 
a domicile in any pari; of an adjoining county, but he must 
keep an office in the city or county named in his commission. 
Official acts, though outside of the limits specified in the com- 
mission, and acts performed three months after the expiration 
of a notary's term, are valid. Whenever a notary is super- 
seded by the appointment of another in his place, or when he 
is removed, he must deposit within ten days his public 
papers in the office of the recorder of deeds of the county 
in which he has his office. Failure to comply makes him 
liable to forfeit $100 for every ten-day period which elapses. 
In case of death, his papers are also deposited in the office of 
the recorder of deeds. 

1 A notary has a sort of judicial power. His attestations and official acts, 
certified under his hand and seal, are evidence of the facts therein certified. 
Commonwealth vs. Pyle, 18 Pa., 1852. 



THE JUDICIARY 71 

QUESTIONS ON THE TEXT 

1. Name the courts. For what purposes were they established? 

2. In what cases does the supreme court have (a) original, Q>) ap- 
pellate jurisdiction? What is the term of a supreme-court judge? 

3. When was the superior court established? Why? Over what 
cases does it have final jurisdiction? 

4. What is a judicial district? 

5. Name the county courts. Distinguish between the jurisdiction 
of court of oyer and terminer and court of quarter sessions. Why 
is an orphans' court necessary? What causes are determined in the 
orphans' court? 

6. Who may be judges of county courts? How long do they serve? 
Who is president judge ? Who arc lav judges? What are their duties? 

7. Why are court reports preserved? 

8. What is a court of record ? 

9. What are the dutie ; of a justice of the peace ? In what cases does 
he have final jurisdiction? 

10. What are the respective duties of the grand and petit juries ? How 
is the petit jury drawn ? Who are veniremen ? 

11. Where did the jury system originate? Name live juries. 

12. How does a jury decide a case? 

13. What are the powers and duties of the county prothonotary? Is 
he an important officer? Why? 

14. What is the most important duty of the clerk of the courts ? \\\\\J 

15. What other court officers are there? 

16. How does a notary public obtain office? Who may be a notary? 
In what respect is a notary a judicial officer? In what way may he have 
an influence upon the enforcement of the compulsory school law ? 



CHAPTER VII 
THE COUNTY 1 

When William Penn came to prepare rules suitable for 
the government of his colony, it was natural that he should in- 
clude not only many of the laws which he was accustomed to 
obey, but also to transpose, in spirit at least, the administra- 
tive divisions of England in his possessions along the Dela- 
ware. Accordingly, one of his first acts was to lay out three 
counties, — Philadelphia, Chester, and Bucks. 2 These coun- 
ties were then much larger than at present, for they have been 
subdivided and others created within their borders; but for 
nearly fifty years after the establishment of this first group 
no additions were made. 3 There are now sixty-seven coun- 
ties in the state. The last one was formed in 1878 by divid- 
ing Luzerne into two districts, one of which retained the old 
title, while the other received the name of Lackawanna. 
There was a time when the legislature could create a new 
county whenever it chose to do so ; but now when any one of 
the existing counties reaches a population of 150,000 it may 
be divided upon the affirmative vote of the majority of the 
electors in the district concerned. 

1 See Boynton, " School Civics," Sections 58-62, 379-383. 

2 The first was named by William Penn himself; the second was the name 
of a county in England from whence a number of passengers came by the 
Welcome. This ship sailed from England, September 1, 1682, bearing Wil- 
liam Penn. 

3 The next county created was Lancaster, 1729. Four other counties were 
erected from the original three, viz. Berks, 1752; Northampton, 1752; 
Montgomery, 1784; Delaware, 1789. 

72 



THE COUNTY 73 

General Powers. The several counties are bodies corporate. 
(a) They can sue and be sued, (b) They can take and hold 
real estate within their limits, and also personal property, 
provided it is taken only for the benefit of the inhabitants. 
The title for such public property is vested in the county. 
(c) Each county has the power to make all necessary contracts, 
such as contracts for building a courthouse, almshouse, and 
bridges, (d) Each county has a seal with which all the offi- 
cial acts of the county commissioners are authenticated. 

Officers. To be qualified to hold any office within the 
county a person must be a citizen and have been a resident 
therein for one year. County officers are chosen at the gen- 
eral election in November. 1 As a rule, they hold office for a 
term of three years, beginning on the first Monday in January 
next after their election and continuing until their successors 
are qualified. In all counties containing over 100,000 inhab- 
itants, officers are paid a fixed salary, and whatever fees they 
receive are turned over to the county treasurer, except such 
money as is collected for the state. For this purpose counties 
are arranged in five groups and salaries are paid according 
to population. The salaries of all officers are a charge on the 
county treasury to which they belong, but in no case can the 
salary be greater than the fees of the office. This, however, 
does not apply to the county solicitor, jailer, commissioners, 
controllers, surveyor, detectives, treasurer, court interpreter, 
or district attorney. 

Sheriff. The sheriff is both by common law and special 

1 County officers include sheriff, coroner, prothonotary, register of wills, 
recorder of deeds, commissioners, treasurer, surveyor, auditors or controller, 
clerks of the courts, district attorney, and such others as may be established 
by law. Constitution, Article XIV, Section I. 



74 CIVICS OF PENNSYLVANIA 

commission the keeper of the peace of the commonwealth in 
the county. His commission is issued by the governor, and 
immediately upon receiving it the sheriff must deliver it to 
the recorder of deeds to be recorded. It is his particular busi- 
ness to represent the majesty of the civil law, and in this 
capacity he must maintain the peace of the neighborhood at 
all hazards. He is, therefore, given all powers necessary 
to that end. Of these, the most important is the right to 
arrest summarily any person threatening to break or breaking 
the peace. To execute such duties, he must have the means 
of commanding adequate physical force, that is, of summon- 
ing the posse comitatus. Every citizen capable of bearing arms 
is bound to yield prompt obedience to his command. A man 
has no discretion in the matter, and if he refuses to obey, he 
may be fined and imprisoned. 1 This power to make arrest is 
exercised chiefly when the sheriff is so ordered by the courts. 
The sheriff keeps criminals in the county jail before trial 
and afterward, if they are sentenced to a term in the jail. 
If sentenced to the penitentiary, he takes them there. When 
sentenced to capital punishment, it is his duty to hang them. 
He serves all writs of judges, and sells property for debt 
when the proper execution has been issued by the court. The 
property of delinquent taxpayers is also put into his hands 
for sale. Together with the jury commissioners, he has 
charge of the jury wheel and assists with the drawing and 
notifies jurors when to appear in court. He gives notice on 
handbills and in the papers of the date when elections are to 
occur. To assist him in his duties, the sheriff may appoint 

1 If, after reasonable effort, all civil authority has been exhausted, the 
governor may send troops. Examples may be found in the case of strikes 
and riots. See National Guard vs. Strikers, 26 Pa. C. C. 585, 1902. 



THE COUNTY 75 

one or more deputies, as necessity demands, who are privi- 
leged to exercise all ministerial functions of the office, such 
as serving a process ; but they are not competent to perform 
any act requiring discretion, such as assisting in the selection 
of jurors. From time to time the sheriff may have large sums 
of money or personal property which may have come into his 
hands as the result of a levy; he is therefore under bond of 
from S8000 to $60,000. This amount varies with the popu- 
lation of the county. The sheriff holds office for three years 
and cannot succeed himself. 

Register of Wills. The register of wills records and keeps 
the wills of deceased persons. In a number of counties he is 
also the clerk of the orphans' court. He is required to give 
a bond approved by the judge of the orphans' court. His 
powers and duties are often of semi-judicial nature, (a) He 
takes the probates of all wills. A will must be proven to have 
been the lawful act of the person who is claimed to have made 
it. This official proof must be made before the register of 
wills, and is called the probate. It is in the determination of 
disputes pertaining to wills that the register serves as a 
judicial officer. His decisions are subject to appeal to the 
orphans' court, (b) He grants letters testamentary to those 
named in wills as trustees, (c) If there is no will, he appoints 
administrators to settle up the estate, (d) He registers and 
records inventories and appraisements of estates, (e) He 
collects the collateral inheritance tax. This tax is turned 
over to the state treasurer quarterly. (/') He certifies, under 
seal of his office, to copies of all bonds, inventories, and pro- 
ceedings remaining in his office. 

Recorder of Deeds. Whenever real estate is sold, a deed is 
given to the purchaser; that is, the vendor writes a descrip- 



76 CIVICS OF PENNSYLVANIA 

tion of the property, giving its location, the price for which it is 
sold, and the conditions and time of payment. This is signed 
by both parties ; each attaches his seal and acknowledges his 
signature before an officer; the deed is then delivered to the 
buyer. 1 If this paper should be lost or destroyed by fire, 
the purchaser might have nothing to show that his claim was 
right and proper; very shortly no one would know whether 
his title was good. To prevent such a chaos, the state has pro- 
vided a safe place for the keeping of records in every county. 
It is called the office for recording of deeds. This office, un- 
known to the English common law, was a part of the law 
agreed upon in England between William Penn and the first 
purchasers in 1682, though it was not reduced to a regular sys- 
tem until 1 7 1 5 . This act continues to be the foundation of our 
law on the subject. The office may be said to form a pivot 
on which all our titles to real estate turn. The officer in 
charge is bound to keep a " fair book," in which he makes a 
complete entry of every deed or writing, such as mortgages, 
releases, charters, commissions of the sheriff, etc., showing 
the day and hour on which each was received. In counties 
of limited population the duties of the prothonotary, register, 
recorder, clerk of the courts, and clerk of the orphans' court 
are all performed by one man. The recorder is under 
bond, and takes oath to perform all the duties of his office 
faithfully. 

Coroner. The most important duty of the coroner is to in- 
vestigate sudden and mysterious deaths, particularly when the 
surrounding circumstances point to murder or suicide. 2 To 

1 A deed is a writing signed, sealed, and delivered. 

2 He holds inquests over the bodies of persons who die in prison. No in- 
quest can be held unless the body of the deceased has been found. 



THE COUNTY 77 

aid him in this work, he calls in a jury of six citizens, who hold 
an inquest ; that is, they inquire, through the coroner, when, 
where, by whom, and by what means the person came to his 
death. Witnesses are summoned and questioned concerning 
their knowledge of the manner in which the death occurred. 
After due deliberation, if any one is found guilty of a crime, he 
is forthwith committed to jail, there to await action of the 
grand jury. The only object of a coroner's inquest to-day is to 
aid in the detection of crime. Where, upon his preliminary 
inquiry, the coroner finds no reason to suspect that death re- 
sulted from any criminal act or commission, or where it is 
apparent that death was caused by disease, no inquest is nec- 
essary. When holding inquests the coroner is a judicial offi- 
cer; he can compel witnesses to attend and to answer pertinent 
questions. This testimony may be used as evidence in a 
subsequent proceeding when certified to by the coroner. A 
justice of the peace performs the duties of coroner when the 
latter is absent from the county or unable to act. If a sheriff 
is removed from office, or dies before the expiration of his 
term, the county coroner becomes acting sheriff. He is 
also bound to execute all writs directed to him by the court 
which for any reason are not directed to the sheriff. In some 
counties he receives a salary; in others his compensation 
consists of fees. He may succeed himself in office. 

County Commissioners. Three county commissioners are 
elected every third year in each county, but no person is al- 
lowed to vote for more than two. This arrangement gives the 
minority party representation in the management of county 
affairs. Any vacancy which may occur is filled by appoint- 
ment by the court of common pleas. Each commissioner 
must give a bond to be approved by the court of quarter ses- 



78 CIVICS OF PENNSYLVANIA 

sions. For business purposes two are a quorum, but a single 
commissioner may act upon authority given by the board. 
These commissioners are the business managers of the county, 
and consequently their duties are more numerous than those 
of any other county official. They hire and pay persons em- 
ployed about the county buildings. Where there is no solici- 
tor, they appoint a county attorney. They make up from 
the assessor's returns an alphabetical list of the voters in each 
division, piepare all the necessary election blanks, including 
ballots, and provide polling places. Upon the recommenda- 
tion of two successive grand juries, and the approval of plans 
by the court of common pleas, they let contracts for county 
buildings. They borrow money, issue bonds for building 
and improving roads, settle all bills, and hence have the 
power to fix tax rates on estimates furnished by the controller. 
They may levy a special tax, but in this they are limited in 
that they must not issue bonds in any one year exceeding one 
half of one per cent of the total valuation of all the taxable 
property in the county. They make a return of all taxes col- 
lected. Supplies for county officers all pass through their 
hands. They report annually the number of persons liable 
to military duty; furnish books for the registration of births, 
deaths, and marriages; extinguish forest fires, etc. When the 
county sues or is sued, it is through the commissioners. 
Finally, they publish annually a statement of the receipts 
and expenditures. The duties of the county commissioners 
here cited only give a general outline of the scope of their re- 
quired activities. If they are looked upon as men whose par- 
ticular business it is to conduct the affairs of a corporation, 
in this instance called the county, the breadth of their powers 
and duties is readily conceived. 



THE COUNTY 79 

County Auditors. Three county auditors are chosen at 
the general election to serve for a term of three years. 1 Two 
form a quorum. They audit, settle, and adjust the accounts 
of the commissioners, treasurer, sheriff, and coroner of the 
county, and report the result of their examination, together 
with a statement of any balance due to the court of common 
pleas. The accounts of the county poorhouse also pass under 
their supervision. If necessary to compel the appearance 
of witnesses and the production of papers, the auditors have 
power to issue subpoenas. They can administer oaths, and if 
a person refuses to testify, they may commit him to jail. 

County Controller. In counties having a population of 
150,000 or more a controller is elegted every third year in 
place of county auditors. 2 Before entering upon his duties 
the controller is required to take an oath and give a bond. 
He has general supervision and control over the fiscal affairs 
of the county, over accounts, and over fiscal acts of persons 
who collect or receive county moneys. In case he finds any 
default, he is bound to report it at once to the county com- 
missioners and to take immediate measures to secure the pub- 
lic. He keeps a set of books showing all the property of the 
county, its receipts and expenditures; all debts due by county 
officers ; and the amount raised from every source of revenue. 
He decides on all bills, and those legally due he certifies to 
the commissioners. Before the first of February he furnishes 

1 The county treasurer is ineligible until two years after the expiration of 
his term of office. Employees in the sheriff's office, inspectors of prisons, 
and members of the board of health are all ineligible. 

2 A county commissioner, treasurer, prothonotary, register of wills, clerk, 
sheriff, recorder of deeds, or district attorney is ineligible until he has been out 
of office for two years. Persons holding office under the United States are 
ineligible until one year after the expiration of their term. 



80 CIVICS OF PENNSYLVANIA 

the commissioners a detailed estimate of the expenses for 
the current year. The commissioners then fix the tax rate. 
All warrants drawn on the county treasurer, except such as 
jurors' fees, must receive his signature. He has the official 
custody of all bonds given to the county and of all title deeds 
to real estate, contracts, papers relating to financial affairs, 
and documents belonging to the county. All bids for con- 
tracts are opened in his presence by the commissioners. 

County Treasurer. The county treasurer is elected to serve 
for three years, and is under a heavy bond to both state and 
county. 1 In case of a vacancy in this office the county com- 
missioners appoint a suitable person. It is the treasurer's 
business to take care of ajl the moneys belonging to the county, 
and to turn over to the state such moneys as he has collected 
for the state. He prepares a quarterly statement and turns 
over to the state treasurer all moneys in his hands belonging 
to the commonwealth. He receives all money due the county 
and pays it out on warrants drawn by the commissioners. 
A daily report of all money paid out, together with the war- 
rants therefor, is sent to the controller. The collection of 
liquor license fees, and the payment of bounties for killing 
certain wild animals which are a public menace, fall to the 
treasurer. If for any reason the county commissioners 
believe that he is not performing his duties properly, they 
may enter formal complaint before the court of quarter ses- 
sions, which may remove him at once for any failure to per- 
form his duty. 2 

1 No judge, clerk, prothonotary, register of wills, recorder of deeds, county 
commissioner, or county auditor is eligible during his term of office. This 
bar is placed on commissioners and auditors until a year has elapsed after 
the expiration of their respective terms. 

2 A county treasurer cannot succeed himself. 



THE COUNTY 81 

District Attorney. The district attorney is chosen at the 
general election and serves for three years. To be eligible he 
must have been admitted to the bar of some county in the-state 
and have practiced law for two years. He is the criminal 
lawyer of the county and prosecutes persons charged with vio- 
lating within the county the criminal laws of the state. He 
draws up and signs all indictments, and if the grand jury 
finds a " true bill," he tries to convict the person accused. 
He prosecutes assessors, commissioners, and other officers 
who neglect their duty, as well as persons who attempt to 
sell impure food, etc. If the business of the county requires 
it, he is permitted to appoint assistants. He is ineligible 
to hold any other office in the state at the same time, 
except in the militia. His oath of office is identical with 
that required of the attorney-general. 

County Solicitor. The county solicitor is the attorney 
of the county in all its civil suits. He is the special adviser 
of the county commissioners. He must be an attorney at 
law, registered and qualified to practice in the courts of the 
commonwealth. This office, like that of district attorney, is 
not sought for the financial reward, for this is comparatively 
small, but rather for the breadth of experience which it 
affords and the prestige which comes as a natural result. 

Jury Commissioners. Two jury commissioners are elected 
at the general election for a term of three years, but are not 
reeligible for the next succeeding term. Xo person is per- 
mitted to vote for more than one candidate. The com- 
missioners meet once each year in their respective counties, 
together with a judge of the court, at least thirty days before 
the first term of the court of common pleas. They select al- 
ternately from all the qualified electors of the county at large 



82 CIVICS OF PENNSYLVANIA 

the number of " sober, intelligent, and judicious " persons 
which was designated at the next preceding term of court. 
The commissioners and judge place the names of those 
selected in the jury wheel. The wheel is then locked and 
sealed by the sheriff and the commissioners. The key is 
placed in the custody of the former, and the wheel remains 
in the custody of the latter. A list containing the names, 
occupation, and residence of every person placed in the wheel 
is certified to by the judge and commissioners and filed in the 
prothonotary's office. From the jury wheel the proper panels 
are drawn by the sheriff and commissioners to act as grand 
jurors and as petit jurors. This drawing is only made after 
the sheriff receives an order from the court. 

Surveyor. The office of county surveyor is no longer im- 
portant, since the tracts of public lands have given place to 
privately owned property. In the past, when land was sold, 
it was the duty of the county surveyor to survey it. Our sys- 
tem of keeping titles has done away with the necessity of a 
new survey every time land changes hands. The duties of 
this officer are consequently confined to the survey of roads 
and disputed claims. This office is sought only because of 
the political prestige which it v may afford. 1 

Directors of the Poor. The board of poor directors is 
composed of five reputable citizens, not more than three oi 
whom may belong to a single party. This board is a body 
politic and has all the powers of a corporation to take and 
hold land, to employ physicians and others, to apprentice 
children, and to make necessary rules for the government 
of the " county house. " They provide for and employ in- 
digent persons who have a legal settlement in the county. 

1 The surveyor is elected for a term of three years. 



THE COUNTY 83 

In exceptional cases, outdoor relief is granted. The direc- 
tors have authority to levy and collect a tax for the purpose of 
supporting the poor. It is customary at the first meeting of 
a new board to divide the county into five districts, as nearly 
equal as possible for the sake of convenience. Children be- 
tween two and sixteen years of age are always supported out- 
side of the county house. 

Mercantile Appraiser. Each retailer of merchandise is 
required to pay an annual license tax of $2, and one mill 
additional on each dollar's worth of business transacted 
annually. Wholesale dealers pay a tax of S3, and a half- 
mill additional on each dollar's worth of business transacted. 
The county commissioners appoint a mercantile appraiser 
for two years, who distributes to each dealer certain blanks 
prepared by the auditor general. These blanks contain 
questions necessary for arriving at the actual amount of busi- 
ness transacted. Each vendor fills out the blank and makes 
affidavit that the information contained therein is correct 
and returns it to the appraiser. A final corrected list of 
mercantile taxes is certified to the auditor general by the 
appraiser before the first day of July in each year. 

County Superintendent. The county superintendent is the 
official head of the county public schools. He is chosen by 
the school directors at a triennial convention held for this 
purpose. 1 The person chosen is certified to the state super- 
intendent, who issues a commission for three years. To be 
qualified, one must be of good moral character and have had 
successful experience as a teacher within three years prior 
to his election. One must also possess the qualifications ex- 
pressed in a valid professional certificate. The duties of a' 

1 See township. 



84 CIVICS OF PENNSYLVANIA 

county superintendent may be summed up in a single phrase, 
— to see that the public schools are maintained at the highest 
rate of efficiency. He visits each school in his county at least 
once every year. On such occasions he makes note of the 
method of instruction, branches taught, and gives direction 
in the art of teaching. The fact that the county superin- 
tendent is likely to drop in at any moment keeps up a higher 
tension on the part of both student and instructor, and thus 
helps to insure a higher grade of work. 

A monthly, as well as an annual, report is made to the 
department of state instruction. This report, among other 
things, shows the number of children attending the public 
school, sex, age, the number of school . districts, etc. At 
the same time there are included suggestions for improve- 
ment, and much general information regarding the opera- 
tion of common schools. 

In addition to those already mentioned there are a num- 
ber of other county officers, such as engineers, whose promi- 
nence is marked by the increase or decrease of their duties 
as necessity demands. Wherever local conditions demand, 
or the population requires the performance of added func- 
tions, there the number of officers is increased to meet the 
emergency. 

QUESTIONS ON THE TEXT 

1. How was the county system brought to Pennsylvania? 

2. How are new counties created? 

3. Why are the several counties said to be bodies corporate? 

4. What is the usual term of county officers? 

5. When are they elected ? 

6. What are the general powers of the county? 

7. What is the chief duty of the sheriff? What sort of an officer is 



THE COUNTY 85 

the sheriff? Why? What are the sheriff's duties with respect to jury- 
men? 

8. For what reason is the register of wills considered a judicial 
officer of the county? Why? What are his powers of appointment? 

9. Compare the duties of the county auditors with those of the county 
controller. Why does the controller have the custody of county bonds? 

10. Compare the duties of district attorney with those of county so- 
licitor. In what respect is the district attorney a state officer? 

11. What is meant by probate of a will ? 

12. Why is the office for recording deeds important? 

13. Why are the county commissioners the most important officers 
of the county? 

14. Why is a county coroner necessary ? What is the object of an 
inquest? 

15. How many jury commissioners are there? What are their 
duties ? 

16. Do you consider the office of county surveyor important? Why? 

17. In what counties are there directors of the poor? What are the 
duties of this board? 

18. What is meant by a mercantile license tax? On whom is it 
levied ? 

19. How does the mercantile appraiser obtain his office ? 

20. What are the duties of county superintendent? What are his 
necessary qualifications? How is he chosen? 

21. What determines the number of officers in a county? What 
determines the nature of their employment ? 



CHAPTER VIII 
THE TOWNSHIP 

Like the county, the township * possesses no legislative 
power, being but a quasi corporation. Hence any duty 
imposed or immunity granted by the local officers, not 
prescribed by statute, is without effect. Townships are in- 
voluntary civil divisions of the state, incorporated by general 
laws to aid in the administration of government. Their 
powers all relate to matters of state as distinguished from 
local affairs, such as the administration of justice and the 
establishment and repair of highways. Statutes confer upon 
them all the power they possess, prescribe all the duties they 
owe, and impose all the liabilities to which they are subject. 
As bodies corporate, they have power to sue and be sued, to 
hold real estate within their limits, and to make such con- 
tracts as may be necessary for the execution of the purposes 
of the township. Their corporate powers are exercised by 
the commissioners or supervisors who are agents for the trans- 
action of business. 

A bird's-eye view of the local divisions in a western county 
gives one the impression of a great checkerboard ; each town- 
ship is a perfect square, measuring six miles on each side. 
In Pennsylvania natural or artificial barriers have brought 
about a variety of shapes and sizes. New townships may be 
erected by a re-division of those already in existence, depend- 
ent upon a favorable vote of the resident electors, and the 
lines of others altered to suit the convenience of the inhabitants- 

1 See Boynton, "School Civics," Sections 54-57, 377-378. 
86 



THE TOWNSHIP 87 

by the court of quarter sessions. This is accomplished by 
means of a petition directed to the court. In the more popu- 
lous townships, which are in a measure devoted to residential 
purposes, there is need for a form of municipal government. 
Accordingly, the county commissioners are enjoined to ascer- 
tain which townships have a population of 250 or more per 
square mile. These townships are placed in a separate class 
(first), and are given additional powers. In townships of the 
first class the following officers are chosen at the spring elec- 
tion, which occurs the third Tuesday in February: five com- 
missioners and one extra for every 2000 of population in ex- 
cess of 5000, a treasurer, a township assessor, and township 
auditors. 

Commissioners. The township commissioners have no 
powers except those expressly granted, and such implied 
powers as are necessary for the proper performance of their 
duties. They are the business managers of the township. 
They make regulations respecting slaughterhouses, factor 
and abate nuisances prejudicial to public health. They main- 
tain a police force, set vagrants at work, furnish water, build 
sidewalks, pave streets, and do generally those things nec- 
essary to insure the public safety. When it is necessary to 
float a loan, the commissioners have authority to do so, pro- 
vided the amount of indebtedness created does not exceed 
two per cent of the valuation of property within the township. 
The powers of the commissioners are carried out through the 
promulgation of ordinances. To this belongs the power to 
prescribe fines for the violation of township ordinances. 

The commissioners are apportioned among the election 
districts according to population. They meet at least once 
each month. They receive no pay, and unfortunately but 



88 CIVICS OF PENNSYLVANIA 

little honor is attached to this office, which is often full of 
responsibility. 1 

Treasurer. The treasurer takes charge of all township 
moneys which he receives from taxes and other sources. 
This money is paid out only upon a written order issued by 
the board of commissioners and signed by their president and 
secretary. The treasurer holds office for three years and 
is under bond to the probable amount of the annual tax. 
Whenever a tax is levied by the board of commissioners, the 
treasurer collects it in townships of the first class. Notice 
is given when the tax is due and five per cent discount is 
allowed for payment within sixty days. 

Town Clerk. The board of commissioners in townships of 
the first class elect a town clerk, who is a qualified voter 
of the township and not a member of the board. In other 
townships he is chosen by the people. His term of office 
is one year. He acts as a secretary and keeps the official 
minutes of all board meetings. His books are open for the 
inspection of any person. Each township officer files a copy 
of his oath with the clerk. 

Assessor. Every third year an assessor is elected in town- 
ships of both classes whose duty it is to make out a list of the 
names of all taxable persons, together with a just valuation 
of all taxable property. Property, whether real or personal, 
is assessed at the rate for which it will sell in the open mar- 
ket. A return is made to the county commissioners, who 
publish the assessment, and later act as a board of revision. 
This triennial assessment, as it is called, includes all property. 
In the other two years, changes in valuation are made to in- 
clude new buildings and improvements. Money on interest 

1 Term of office, two years. 



THE TOWNSHIP 89 

or invested in stock is required to be reported annually, and 
a person owning no property is sometimes assessed for his 
profession. The list of voters prepared by the assessor is for 
the use of election officers. Another duty of the assessors, 
growing out of the compulsory school law, is to make a list of 
all children between six and sixteen years of age in each school 
district and to fonvard this to the county commissioners. 

Auditors. Three auditors are elected for a term of three 
years in townships of both classes, one being chosen each year. 
The duties are not arduous, being confined mainly to the 
annual adjustment of the accounts of township officers. In 
case the auditors disapprove of any expenditure, the official 
who caused it to be made must refund to the township. 
The accounts of a poor district not coextensive with the county 
are audited by the senior auditor of the constituent townships. 
Sometimes auditors are called in as arbitrators to settle minor 
disputes, such as those concerning the building of a line fence. 

Supervisors. In townships of the second class, instead of 
commissioners, three supervisors are elected to serve for a 
term of three years, one being chosen each year. These 
officers perform much the same duties as the commissioners. 
They see that roads are kept in order, and to do this may bor- 
row money or levy a road tax. It is common practice in 
many townships for the farmers to work out their road tax, 
but this system does not bring about as good results as where 
men are regularly hired to build roads. The supervisors 
place watering troughs along the roadside, erect guideposts, 
and perform other duties of similar nature. They erect a 
" lockup " for the temporary detention of criminals, and also 
a town house in which to hold elections and store road ma- 
chinery. Of course in sparsely settled townships there is 



90 CIVICS OF PENNSYLVANIA 

but little work for them to do, but they are the official rep- 
resentatives of the township in its corporate capacity. 

Collector. Every third year townships of the second class 
elect a tax collector. The collector enters in a book the 
names of all persons taxable, showing in each case the amount 
charged. He collects the school, road, special, and general 
township taxes and county taxes. If a person refuses or 
neglects to make payment within thirty days after a demand is 
made, the collector is given authority to levy the amount by 
distraint and sale of goods necessary to satisfy the tax and costs. 

Overseers of the Poor. In some counties there is no poor- 
house; in such cases it is necessary for the separate town- 
ships to undertake relief work. Each year there is elected 
in such townships two overseers of the poor, who serve for 
one year. Assistance may be given to paupers in their own 
homes, or they may be provided for by outside persons. 
Where a person requires assistance for a long period of time, 
an order from two justices is necessary. The overseers are 
given power to levy a sufficient tax to make necessary pro- 
vision for the indigent poor. Since each county constitutes 
a poor district, but little of relief work is done by smaller 
governmental divisions. 

Constable. The constable is the peace officer of the town- 
ship and borough wards. He is elected for a term of three 
years. As a peace officer, it is his duty to inquire into the ex- 
istence of public evils and make a return to the court. His 
most common duty is to serve warrants and writs. A writ 
is a notice in a civil case to the defendant to appear before a 
justice for a hearing. It is served by reading it to the de- 
fendant or by leaving a copy with some adult member of the 
family. Whenever a person appears before a magistrate or 



THE TOWNSHIP 91 

justice and takes oath that a certain individual has committed 
a wrongful act or has disturbed the public peace, a warrant 
of arrest is issued. This warrant is direct to the constable, 
commanding him to arrest the person named therein and 
bring him before the justice. Writs of execution are served 
by the constable. Such a writ is issued by a justice, com- 
manding the constable to distrain the goods of the debtor and 
to hold them until the creditor's claim is satisfied. Writs of 
attachment issued by a justice on oath of the landlord, that 
a tenant is about to remove without payment of his rent, are 
also served by the constable. He serves subpoenas, arrests 
vagrants, and executes generally the orders of the local mag- 
istrates. In executing writs he may raise the power of the 
county to assist him in the same manner as a sheriff, and may 
use the police station houses for the detention of prisoners. 

QUESTIONS ON THE TEXT 

1. In what way is the township a part of the state administration? 

2. How are new townships created? Why are townships divided 
into two classes ? What townships belong to the first class ? 

3. What are the powers and duties of township commissioners ? Of 
supervisors? What control have these officers over township finances? 
Express their powers in two words. 

4. How is the tax value of property ascertained? 

5. What are the duties of township auditors? 

6. Who collects taxes in townships of the first class ? Of the second 
class ? 

7. What is meant by a " peace officer"? 

8. What is a warrant ? What is a writ of execution ? What is an 
attachment ? 

9. May a constable arrest without a warrant? 
10. When are township officers elected ? 



CHAPTER IX 
MUNICIPALITIES ] 



The powers of a city may be divided into two classes, — those 
expressly granted by the incorporating act of the legislature 
and those which may reasonably be implied from the charter. 
Special acts of the legislature, while they may not amount 
to a revocation of a charter, frequently grant new authority 
or impose restrictions upon the chief officers, often to the 
detriment of the municipality, and are a third source of power 
or hindrance. Under their charters cities have power to 
acquire such real estate within their limits as they may need 
upon which to erect buildings, such as police stations, 
water works, hospitals, gas works, and other similar struc- 
tures for the use of the municipality. They may police, light, 
and pave their streets; control nuisances; pass ordinances; 
grant franchises; engage in the operation of public service 
plants, such as gas and electric light works; borrow money 
for all necessary purposes; and do things generally for 
the protection and welfare of their citizens. There is, how- 
ever, a limitation attached to every municipal activity. The 
fact that the municipal indebtedness is fixed at a certain per 
cent of the real estate valuation is often a serious handicap 
to necessary improvements. Again, the state itself may grant 
certain franchises within the city limits. 

Cities should be permitted to draft their own charters. 
Their charter activities would then be commensurate with 

1 See Boynton, "School Civics," Sections 384-409. 
92 






MUNICIPALITIES 93 

their necessary activities. Local environment would then 
be the controlling feature and not the tarnished generality. 
Under our present method of granting charters, cities are too 
often placed at the mercy of the country legislator, whose 
stock of knowledge with respect to the needs of a compact 
aggregation of people is so limited that the scope and 
adequacy of charters is left to mere chance. Or, far 
worse than this is the regrettable fact that designing politicians 
have at times had complete control of the legislative functions. 
Between those who are not aware of the need of judicious 
legislation and those whose desire it is not to be good law 
makers, but who are in politics " for what they can get out 
of it " — between these two groups, the city is left to work out 
its own salvation, or is unduly hampered by improper laws. 
To cite an instance of this destructive legislative policy toward 
cities, reference need only be made to the famous Ripper Bill, 
which obliterated the office of mayor for several years in 
cities of the second class, or the act taking from the 
mayor of Philadelphia the authority to appoint and 
to remove certain directors, which fortunately was repealed 
at a special session of the legislature in 1906. Both of these 
acts passed the legislature under " political " pressure, and 
the latter was repealed only because of a popular uprising. 
This reprehensible system of making or refusing to make 
legislation to order has retarded the solution of all the prob- 
lems confronting municipalities, and will continue to impede 
municipal progress so long as the city is the mere creature 
of the state. 

The most vexatious problem of modern life is the problem 
of municipal government. The systems and methods of gov- 
ernment move slowly; the influx of urban population has 



94 CIVICS OF PENNSYLVANIA 

come quickly. There has been neither opportunity nor time 
for the readjustment of our preconceived ideas, and added 
to this there is the great untutored mass of immigrants, — help- 
less so far as self-government is concerned, — which yearly 
comes to America and swarms into the cities. With these, 
and similar elements with which we must contend, it is a 
source of congratulation that our municipal governments 
are not wrecked utterly because of their own inflexibility. 
The amount of authority which may safely be exercised, the 
method of administration, the proper relation of the city 
to the state, are all of vital importance to every citizen; yet 
they are undetermined and likely to remain indeterminate 
for a long period of time. In fact, they can only be settled 
in such a manner as to give any reasonable assurance of sta- 
bility by a course of experiments — costly, indeed, but which 
must be had at any price. In a city, people are brought to- 
gether in such great numbers that a form of local government 
differing from any other, far more complex, and with greatly 
extended powers, is required. Our plan has been to incor- 
porate and to confer by means of a charter granted by the 
state legislature certain essential powers of government on 
urban communities. A city has many powers other than 
those of a purely governmental nature which it should possess 
and exercise; but so far we have failed to comprehend the 
fact that a city, in addition to its character as a state institution, 
is also a business corporation, which ought to be organized 
and conducted on a business basis. Our city corporations are 
created for special local requirements and are superimposed 
upon local government divisions, which are essential organs of 
the state administrative body. There is a consequent overlap- 
ping of powers and a maladjustment of duties between city and 



MUNICIPALITIES 95 

state local authority. The school district, the township, and 
the county are all divisions of the state which work in perfect 
harmony. The squatter sovereignty of a village is suddenly 
transformed into a corporate body by the granting of a char- 
ter. Conflict is sure to arise between this new creature ex- 
isting upon, yet not a part of, the former local division, unless 
there is a careful division of power, and this is never accom- 
plished, although the city is made supreme within the sphere 
of its specially granted powers, while the residuum of local 
authority remains in the county or township. Where the 
urban district is coextensive with the county, the officers of 
the former can and do perform the functions generally allotted 
to the latter. But even here county officers still exist and still 
have their own special functions. 

The amount of work which a large city is called upon to 
perform is very different from that of a city of only a few thou- 
sand inhabitants. Laws which would be applicable to one 
would work the worst sort of injustice to the other. Accord- 
ingly, cities have been divided into three classes, with refer- 
ence to population, for the purposes of legislation. To the 
first class belong those cities having a population of 1,000,000 
or more; to the second ; those having a population of from 
100,000 to 1,000,000; to the third, those having a population 
under 100,000. This division is made in order that laws 
may be passed for one class without interfering with another. 
In some instances this would seem to come within the field 
of special legislation prohibited by the Constitution ; but the 
courts have sustained as constitutional, laws applying to 
cities of a single class, where only one city was affected, on 
the ground that other cities would, in the course of natural 
growth, come within the minimum limit set. 



96 CIVICS OF PENNSYLVANIA 

Cities are divided into wards for the purpose of represen- 
tation. New wards are created and boundary lines changed 
by a majority vote of the people concerned. 

Cities, First Class. Mayor. The mayor is the chief executive 
officer of the city. He must be at least twenty-five years of 
age, and have been a citizen and an inhabitant of the state 
and city for at least five years next preceding his election. He 
is chosen by a plurality vote at the municipal election, holds 
office for four years, and cannot succeed himself. The mayor 
causes the ordinances of the city and the state laws to be en- 
forced within the city limits. He recommends to councils 
by written message such measures connected with the affairs 
of the city as he deems expedient. When necessity requires, 
he calls special meetings of councils. At least twice each year 
he sends a statement to councils of the financial and general 
condition of affairs of the city. He has power to veto any 
bill and any item of a bill making appropriations, but his 
veto may be overruled by a vote of three fifths of all the mem- 
bers elected to both branches of council. In general he per- 
forms such duties as may be prescribed by ordinance, and 
is responsible for the order and efficient government of the 
city. 

The mayor has a cabinet, though it does not have official 
recognition. It consists of the heads of departments. This 
cabinet de facto meets at least once each month in consul- 
tation. The mayor may call on any group of citizens for 
advice, and has availed himself of this privilege on many occa- 
sions. The most conspicuous example of such an extra-legal 
body is the present advisory board of the mayor of Phila- 
delphia. The mayor appoints, with the consent of select 
council, the heads of departments and a considerable number 



MUNICIPALITIES 



97 



of other executive officers. All of these appointees are sub- 
ject to removal by him. 

Executive Departments. The work of governing a great 
city is comparable, so far as the magnitude of the task is 
concerned, to that of governing the state. As cities have 
grown in population, departments have become necessary 
just as in the state government. The heads of some of 
these departments are appointed by the mayor and select 
council, and hold the title of director; others are elected 
for a fixed term. 



Dept. 



i. Public 
Safety 



2. Public 
Works 



3. Public 
Health 
and 
Charities 



4. Sup- 
plies 



Chief 



How 

CHOSEN* 



Director 



Director 



Director 



Director 



5. Receiver Receiver 
of Taxes 



Appointed 



Appointed 



Appointed 



Appointed 



Elected 



Term 






4 yrs. 



4 yrs. 



4 yrs. 



5 yrs. 



Duties 



The director has the administration and - 
si<>n of police affairs, all matters relating to fires, 
etc. Firemen and 
patrolmen before appointment must pass the civil 
service examination and be citizens of the state. In 
case of emergency the mayor may take command of 
the p>lice force and appoint as many patrolmen as he 
deem< 

The bureau of building inspection and the bureau 
of fire marshal come under the direction of this de- 
partment. In many matters the department works 
locally in harmony with the state department of 
factory inspection. 

The supply and distribution of water; the care 
and lighting of streets; the construction of public 
buildings; the care of public square 
and matters relating to city wharves, are under the 
control of this department. In ntracts 

for municipal work the director his own 

discretion, but he is bound to award a contract to 
the lowest responsible bidder. 

The director of this department has supervision. of 
the public health, charities, almshouses, hospitals, 
and other similar municipal institutions. All city 
hospitals where provision is made for the cure of 
contagious di<ease< are under the director's imme- 
diate supervision. 

The director of this department has control of the 
purchase of all supplies required in the conduct 
of the city. The power to purchase being confined 
to a single department has reduced municipal 
expenditure, for responsibility is tixed and inac- 
curacies are less likely to arise. 

The receiver must be a citizen of the city and have 
been a resident thereof for seven years. All taxes 
are paid to this department. Persons who have not 
paid their taxes when the books are closed are put 
on the delinquent tax list. 



9 8 



CIVICS OF PENNSYLVANIA 



Dept. 


Chief 


How 

CHOSEN 


Term 


Duties 


6. City 
Treas- 
urer 

7- City 
Con- 
troller 

8. Law 


City 
Treas- 
urer 

Controller 

City 
Solicitor 


Elected 
Elected 

Elected 


3 yrs. 
3yrs. 

3 yrs. 


The city treasurer receives from the proper 
officers all moneys payable to the city and pays out 
city funds on warrants properly countersigned. 

The city controller is invested with all the powers 
of county auditor. He audits accounts of officers 
and submits accounts of the city, verified under 
oath, to councils. 

The city solicitor is the legal adviser of the city 
officers and acts as counsel for the city in all its de- 
partments. He prepares all contracts which the 
city enters into. 





The city maintains a department of education and a sink- 
ing fund commission. The latter is established by city charter 
for the purpose of extinguishing the city debt. All appointees, 
other than executive, must first pass the civil service examina- 
tion. The civil service commission which has charge of these 
examinations is composed of three commissioners appointed 
by the mayor for a term of five years. 

Cities, Second Class. In 1901 the executive authority in 
cities of the second class was vested in a recorder, but two 
years later this office was abolished. The powers and duties 
of the mayor and executive departments in cities of this class 
are almost identical with those in cities of the first class. The 
mayor serves for three years. The city treasurer is the re- 
ceiver of taxes ; there is also a delinquent tax collector. There 
is also a department of assessors composed of five residents 
of the city elected for three years by city council. They 
make, revise, and alter assessments. 

Cities, Third Class. Cities of the third class may be char- 
tered whenever a majority of the electors of any town or 
borough which has a population of 10,000 shall vote in favor 
of such a measure. Two or more boroughs in the same 
county may unite for this purpose. In cities of this class 
the mayor takes charge of the public safety, and a board of 






MUNICIPALITIES g g 

health takes the place of the department of health. There 
is a city treasurer, solicitor, and controller. The mayor is 
elected for a term of three years and cannot succeed himself. 

Legislature. The legislative authority in cities is composed 
of two chambers, called select council and common council. 
The members of select council are required to be twenty- 
five years of age and residents of the city from one to two years. 
Each ward chooses one member, who serves for a term of four 
years (three years in cities of the first class). Members of 
common council are required to be twenty-one years of age, 
residents of the wards from which they are chosen, and serve 
for a term of two years. Each ward is entitled to at least 
one representative in this branch of councils. Usually the 
ratio of representation is fixed so that each ward has at least 
two representatives. The select council is in some ways com- 
parable to the state Senate in that it ratifies appointments, 
while the common council may be compared to the House 
of Representatives. The committee system is here employed 
in much the same manner as in the state legislature. Every 
legislative act is by ordinance, and before it can take effect 
it must be engrossed and certified to the mayor for his 
approval. No ordinance can be passed which contravenes 
state laws, or which is without the powers expressly granted 
in the charter of the city, or which may be reasonably implied 
therefrom. 

Boroughs. The court of quarter sessions has power to 
incorporate boroughs without regard to the population. 
Application for incorporation must be made by petition 
signed by a majority of the freeholders residing within the 
proposed limits. The powers of the borough are vested in 
the corporate officers designated in the charter. A borough 



ioo CIVICS OF PENNSYLVANIA 

may make necessary laws, build sewers, provide for public 
lighting, etc. The executive officer of the borough is the chief 
burgess chosen at the spring election for a term of three years. 
To assist him he sometimes has a town council of five citizens. 
Boroughs divided into wards elect councilmen, a treasurer, 
auditor, high constable, and other necessary officers. 

QUESTIONS ON THE TEXT 

1. What powers has the city? 

2. From what source are these powers derived? 

3. What is meant by a charter? 

4. What is the difficulty with our method of granting charters ? 

5. Why are the problems of municipal government hard to solve? 

6. In what respect is a city a business corporation? 

7. How are cities superimposed upon the local government divi- 
sions of the state ? What is the result ? 

8. Why are city governments inflexible? 

9. Into what classes are cities divided? Why? 

10. What are the local city divisions? 

11. Who is the chief executive officer of the city? How chosen? 

12. What is the nature of the mayor's cabinet? 

13. Name the executive departments. 

14. In what respect is the executive department of government in a 
city like the executive department of the state government? 

15. How are the city executive officers chosen? 

16. How may a borough become a city? 

17. How is the municipal legislature chosen? 

18. In what respect is the select council comparable to the state 
Senate ? 

19. Who is the head of a borough? 

20. How are borough officers chosen? 



CHAPTER X 
EDUCATION 

Education ! has always been one of the binding posts of 
the Quaker religion. Friends schools at present are looked 
upon as being the highest grade. Pennsylvania schools, 
in general, owe their just credit to the reverence with which 
the early settlers looked upon learning. 

We have already noted that one of the departments of state 
is given over entirely to the matter of education, and that in 
each county there is a superintendent of public schools. In 
1854 came an act of the legislature creating ever) 7 township, 
borough, and city a school district, so that there might be a 
more equable distribution of schoolhouses, according to the 
population and convenience of a community, and for facilitat- 
ing the proper disbursement of school funds. A school dis- 
trict is but an agent of the commonwealth, and, as such, a 
quasi corporation for the sole purpose of administering the 
commonwealth's system of public education. An act of 
1905 divided school districts into four classes: (a) cities 
of the first class; (b) cities of the second class; (c) cities of 
the third class; '(d) all others. A board of directors or a 
board of education is in control of each district. These 
boards establish schools, erect necessary buildings, appoint 
teachers, direct what branches shall be taught, exercise 
general supervision, and make reports to the county super- 
intendent as to the length of time schools are open, number 
of pupils attending, etc. 

1 See Boynton, " School Civics," Sections 261-262, 369-374. 



102 CIVICS OF PENNSYLVANIA 

In districts of the first class the board of education consists 
of twenty-one members appointed for a term of three years 
by the judges of the court of common pleas. They appoint 
a city superintendent and district superintendents. In each 
ward a sectional school board of twelve is elected for a term 
of three years. 1 They visit schools quarterly, but have no 
other power than that of recommendation. In other cities 
the boards are chosen by popular vote in the several wards. 
In cities of the third class a board of school controllers is 
elected for a term of six years. In districts of the fourth 
class two directors are chosen annually for a term of three 
years. 

The school system of the state includes district schools, 
kindergartens, evening schools, high schools, normal schools, 
and a state college. 

The minimum school year is seven months. If the people 
so desire, the terms may be extended. In 1904 there were 
2559 school districts in the state and 30,819 schools. These 
schools were maintained at a cost of $26,073,564. The whole 
number of pupils was 1,200,230 and the total number of 
teachers 32,225. The state appropriation to common schools 
in 1904 was $5,212,500, the remainder being raised by local 
taxation as levied by the directors and controllers. 

The common schools of the state are free to persons within 
the district between the ages of six and twenty-one years. 
City-school systems provide free kindergartens, evening 
schools, manual training schools, and high schools. Wher- 
ever the people desire to make the necessary expenditure, 
township high schools are established. Sometimes two town- 
ships combine for this purpose. 

1 Not more than nine can belong to one political party. 



EDUCATION 103 

Not only are free schools provided, but attendance is made 
compulsory. One of the duties of the parent is to see that 
his child is properly educated, but it is necessary that the. state 
take this matter in charge in order that all of its growing 
citizens shall be supplied with a reasonable amount of edu- 
cation. Children between the ages of eight and sixteen must 
attend English schools regularly, or receive equivalent in- 
struction from a tutor, unless they are mentally or physically 
incapable of attending school. This rule does not apply to 
children of thirteen years of age or over who are able to read 
and write intelligently. 1 Employers are required to certify 
to the school board and superintendent all persons under 
sixteen whom they employ. It is made illegal to employ 
children without proper certification by a notary or other 
competent authority that the child has complied with the 
educational requirements of the law. Truant officers may 
arrest children not properly in attendance at school. 

Teachers in cities of the first class are appointed by the 
board of education; in other districts they are appointed by 
school directors. To become a teacher one must first obtain 
a certificate from the county superintendent. These county 
certificates are granted as a rule only after the applicant has 
shown his proficiency in the common school branches by 
passing a rigid examination. The certificate once obtained 
can generally be renewed from year to year by the payment 
of a nominal fee. This method of renewing certificates, 
at all times optional with the superintendent, enables him 
to select the more proficient. Professional certificates are 
granted only to experienced teachers. These are for the full 

1 Held to be unconstitutional as class legislation by court of common 
pleas in Philadelphia, August, 1906. An appeal was taken. 



104 CIVICS OF PENNSYLVANIA 

term of the superintendent. State certificates are granted 
by the state superintendent, and relieve the teacher from 
further examination. 

■*■ 

QUESTIONS ON THE TEXT 

1. How and why are school districts formed ? Into what four classes 
are they divided ? What officers are in control of school districts of the 
first class ? What officers are in control of school districts of the fourth 
class ? 

2. How are the members of the board of education chosen in cities 
of the first class? How are the school directors in the wards chosen? 

3. Who appoints the superintendent of schools in cities of the first 
class ? 

4. What does the common school system include? 

5. What is the minimum school year? 

6. What is the cost of maintenance of common schools? 

7. Who may attend schools? 

8. Explain compulsory attendance. 

9. In what instances may a child be exempt from compulsory attend- 
ance? 

10. How are teachers selected ? 

11. How do teachers obtain certificates? 

12. Why is a certificate necessary? 



CHAPTER XI 

SUFFRAGE AND ELECTIONS 1 

Every male citizen twenty-one years of age is entitled to 
vote at all elections, provided he has been a citizen of the 
United States for at least one month, a resident of the state 
one year, or having previously been a qualified elector he 
shall have removed and .returned, then six months, a resi- 
dent of the election district at least two months immedi- 
ately preceding the election, and has fulfilled the registration 
requirements. A qualified elector may vote for all offi- 
cers chosen by the people, whether local or national. Per- 
sons employed in the civil or military service of the state 
or the United States neither gain nor lose a voting residence 
on this account. The same rule is applied to students and 
inmates of a poorhousc or asylum. Electors above twenty- 
two years of age must have paid a state or county tax 
within two years at least one month prior to the election. 
A person who docs not pay a property tax must pay a poll 
tax of fifty cents every two years. 

In cities the wards are divided into divisions of about two 
hundred and fifty voters each for election purposes. Town- 
ships and school districts serve as election districts in the 
country. The election officers consist of judge of election, 
majority inspector, and minority inspector. Each inspector 
is entitled to one clerk. Every recognized party may have 
three watchers at each polling place, one of whom may stand 

1 See Boynton. "School Civics," Sections 119-120, 345-347. 

105 



106 CIVICS OF PENNSYLVANIA 

within the polls, but outside the rail. These watchers are 
privileged to challenge any person whom they think unquali- 
fied to vote. The judge and inspectors must then interrogate 
the person challenged and decide as to his qualifications as 
an elector. 

Elections occur twice each year. The general election at 
which county, state, and national officers are chosen takes 
place on Tuesday after the first Monday in November. The 
spring election, at which township, borough, and city officers 
are chosen, occurs on the third Tuesday in February. All 
voting is by secret ballot. The names of all persons running 
for the various offices are placed on the same ballot under 
the proper party heading. If one desires to vote the straight 
party ticket, he places a cross with a black lead pencil in the 
circle at the top of the party column. If one desires to vote 
for candidates regardless of their party affiliation, he may 
place a cross in the square which precedes each name on the 
ballot. A blank space is left under each office to be filled, 
in which may be placed the name of any person not officially 
on the ballot. When a voter enters the polls, he announces 
his name, and, if his name appears on the voting list, the 
majority inspector gives him a ballot and himself or his clerk 
checks with the letter B the name of the person receiving the 
ballot. The voter then proceeds into the booth, draws the 
curtain behind him, marks his ballot in secret, returns, and 
places his ballot in the ballot box in full view of the judge, 
and then passes out by the minority inspector, who checks 
his name with a V. The polls are open from 7 a.m. to 7 p.m. 
After they are closed every one except the election officers 
and one watcher from each party is required to leave the 
polling place until the counting of the votes is completed. 






SUFFRAGE AND ELECTIONS 10; 

The work of counting is done by the judge and the two 
inspectors, who make out the official returns. 

The candidates to be voted for at the various elections have 
generally in the past been nominated in convention some 
time before election by their respective parties. Under the 
Act of Feb. 17, 1906, known as the Uniform Primaries Act, 
these nominations are now made at primaries held the first 
Saturday in June ' and the fourth Saturday before the Feb- 
ruary election. The regular election officers are in charge. 
An official ballot is provided by the county commissioners for 
each party. Before one may have his name placed upon the 
primary ballot, he must have filed a petition, signed by the 
requisite number of electors, with either the secretary of the 
commonwealth or the county commissioners, depending upon 
whether he desires to be nominated for a state or a county 
office. Blank spaces are also left on the ballot, where addi- 
tional names may be tilled in. On the back of the ballot is 
indorsed the name of the party. The polls are open from 
2 until 8 p.m. 

In townships, boroughs, and cities the assessors make a can- 
vass of the electors on the first Monday in May and December, 
and prepare a list of electors for the county commission 
These lists are printed for general use. Xo man may vote 
whose name is not on the li- - he is properly vouched for. 

Two months prior to the election the assessor sits at the poll- 
ing place for two days in order to correct his list. 2 

In cities of the first and second classes four commissioners 

1 In presidential years this primary is held on the second Saturday in 
April. 

2 These assessments are completed on the sixty-first day before the 
election. 



108 CIVICS OF PENNSYLVANIA 

of registration are appointed by the governor, not more than 
two of whom are chosen from the same party. These com- 
missioners appoint four registers in each election division, 
with the same limitation as to party affiliation. Electors 
must appear before this local board to have their names put 
on the registry list. In case one does not appear in person 
before this board or does not satisfactorily answer the ques- 
tions put to him, his name cannot be put on the list and he 
cannot vote. It is the duty of this board to ascertain 
whether those appearing before it to have their names regis- 
tered are duly qualified electors, and to put such as are so 
qualified and no other on the list. Three registration days 
are provided prior to the November election and one prior 
to the February election. In counties containing cities of 
the third class the commissioners appoint two registers for 
each election division. The duties of these registers are 
similar to those in cities of the first and second class. 

QUESTIONS ON THE TEXT 

1. Who may exercise the right of suffrage? 

2. What is a poll tax? 

3. How are city wards divided? 

4. Who are the election officers? 

5. What are the privileges of a watcher? 

6. When do elections occur? 

7. How does a person cast his ballot? 

8. How are candidates nominated? 

9. May others than those whose names appear on the ballot be 
voted for? How? 

10. What does the assessor's list have to do with the privilege of 
voting? 

11. What are the powers and duties of the registers? How are they 
appointed? 



CHAPTER XII 
TAXATION i 

It is incumbent on the people living within the state to 
make a contribution toward the necessary expenses of the 
government of which they are a part and which protect their 
interests. These contributions are paid in the form of taxes 
upon realty, personalty, inheritance, and polls, or they are in 
the nature of license fees paid for the privilege of conducting 
some particular business. A single person may be called 
upon to pay a tax for the support of the state, county, town- 
ship, poor district, school district, and borough, and to this 
may be added a road tax, special assessment, water tax, city 
and inheritance tax. Since the majority of these taxes are 
paid into the county treasury, the fact that one contributes 
to the support of so many corporate divisions of the com- 
monwealth is not felt to be a burden. 

Some of the state taxes are paid directly into the state 
treasury; others are paid to the county treasurer and by him 
are remitted to the state treasurer. Taxes on capital stock, 
on corporate loans, on gross receipts, on banks, on net earn- 
ings, and on renewal of charters, or granting new charters, 
are paid directly into the state treasury. These taxes are 
levied on the sworn statement of the taxables. A bonus is 
also required on the capital stock of new corporations, and 
foreign corporations engaging in business in the state, when 
their charter is filed. The following state taxes are collected 

1 See Boynton, " School Civics," Sections 144-147, 363-368. 

109 



no CIVICS OF PENNSYLVANIA 

through the county : tax on personal property, based on the 
sworn statement of the taxables and on the return of assess- 
ors ; the collateral inheritance tax. The county is primarily 
liable for its quota of the state personal property tax as ad- 
justed by the board of revenue commissioners, whether col- 
lected or not. The collateral inheritance tax is levied only 
when the property of a deceased person passes out of the 
direct line of lineal descent. It is collected by the register 
of wills. 

County rates are levied by a board for assessment and re- 
vision of taxes appointed by the court of common pleas for 
three years, or by the county commissioners. These rates 
are levied on real estate, i.e. houses and lands; all personal 
estate, i.e. mortgages, shares of stock, etc. ; all offices, profes- 
sions, and occupations, and on polls. The county commis- 
sioners make an estimate of the probable expenses and issue 
precepts to the assessors in the several townships, who make 
their return in sixty days, showing the names of taxables and 
property taxable. The county commissioners act as a board 
of revision. In townships the commissioners or supervisors 
give notice to work out the road tax or levy such a tax. 

In cities of the first class councils fix the tax rate. A board 
of revision of taxes is appointed by the judges of the court of 
common pleas. This board appoints two assessors to serve 
for a term of five years. In cities of the second class a board 
of assessors is elected by councils for three years. This board 
is authorized to make, revise, and alter assessments. Cities 
of the third class are authorized to collect taxes for general 
purposes not exceeding ten mills on the dollar in any one year 
on all property taxable for county purposes. Cities generally 
are authorized to levy whatever taxes are necessary for local 



TAXATION 



in 



purposes. City taxes are frequently left to a referendum vote 
whenever added expenditure for some special purpose is con- 
templated. 

Churches, burial grounds, hospitals, institutions of learning, 
schools and corporations not for profit generally, public prop- 
erty, i.e. courthouses, horses, pleasure carriages, are all exempt 
from taxation. 

QUESTIONS ON THE TEXT 

1. Why are taxes collected? 

2. What taxes are paid directly to the state treasurer? 

3. What taxes are collected through the county? 

4. What are the duties of the revenue commissioners? 

5. What is a collateral inheritance tax? 

6. Who levy taxes in counties? In townships? 

7. How many taxes may a person be called upon to pay? Name 
them. 

8. What property is exempt from taxation? Why? 



APPENDIX I 



SALARIES 





Counties of 
over 800,000 


Counties 


Counties 


Counties 


Counties 


Officer 


800,000- 


500,000- 


250,000- 


150,000- 






500,000 


250,000 


150,000 


100,000 


Sheriff 


$15,000 


$8,000 


$6,000 


$6,000 


$4,000 


Coroner 


5,000 


5,000 


2,000 


500 


1,000 


Prothonotary 


10,000 


6,500 


6,000 


6,000 


3,000 


Clerk of Courts 


5,000 


6,000 


4,000 


4,000 


2,000 


Recorder of Deeds 


10,000 


6,000 


4,000 


4,000 


4,000 


Register of Wills 












and ex. off. 










2,500 


Clerk of Orphans' 












Court 


5,000 


5,000 


4,000 


4,000 


2,000 


District Attorney 


12,000 


6,000 


5,000 


4,000 


3,000* 


Treasurer 


10,000 


6,000 


5,000 


5,000 


3,000 


Commissioners 


5,000 each 


6,000 each 


3,000 each 


2,500 each 


1,000 each 


Controller 


8,000 


6,000 


4,000 


4,000 




Surveyor 






100 


300 


150 


Engineer 




4,000 


100 






Jury Commissioners 


, salary sometim 


es fixed, genei 


ally so much per day 




County Auditors 










250 


County Solicitor 




1,500 


1,500 


1,000 


500 



Township officers generally serve without pay. In some 
instances they receive so much per day, e.g. supervisors; in 
some instances the salary is agreed upon by the township 
commissioners, e.g. town clerk; in some instances the salary 
consists of a percentage on the moneys received or fees, e.g. 
township treasurer. 

In cities and boroughs the salary paid any officer is fixed 
by ordinance of councils. 



*The District Attorney's salary varies with the population. In counties 
under 10,000 he receives $300. This is increased to $2,500 in cities of 
90,000 or over. 

112 



APPENDIX II 

CONSTITUTION OF THE COMMONWEALTH OF 
PENNSYLVANIA 

(This Constitution shall take effect on January i, 1874, for all purposes not otherwise 
provided for therein. — Sec. 1, Schedule.) 

PREAMBLE 

WE, the people of the Commonwealth of Pennsylvania, grateful to 
Almighty God for the blessings of civil and religious liberty, and humbly 
invoking His guidance, do ordain and establish this Constitution. 

ARTICLE I 

Declaration of Rights 

That the general, great and essential principles of liberty and free 
government may be recognized and unalterably established, WE DE- 
CLARE THAT — 

Inherent Rights of Mankind 

Sec. 1. All men are born equally free and independent, and have 
certain inherent and indefeasible rights, among which are those of en- 
joying and defending life and liberty, of acquiring, possessing and pro- 
tecting property and reputation, and of pursuing their own happiness. 

Political Power 

Sec. 2. All power is inherent in the people, and all free governments 
are founded on their authority and instituted for their peace, safety and 
happiness. For the advancement of these ends they have at all times 
an inalienable and indefeasible right to alter, reform or abolish their 
government in such manner as they may think proper. 

"3 



114 CIVICS OF PENNSYLVANIA 

Religious Freedom 
Sec. 3. All men have a natural and indefeasible right to worship Al- 
mighty God according to the dictates of their own consciences ; no man 
can of right be compelled to attend, erect or support any place of worship, 
or to maintain any ministry against his consent; no human authority 
can, in any case whatever, control or interfere with the rights of con- 
science, and no reference shall ever be given by law to any religious 
establishments or modes of worship. 

Religion 
Sec. 4. No person who acknowledges the being of a God and a 
future state of rewards and punishments shall, on account of his religious 
sentiments, be disqualified to hold any office or place of trust or profit 
under this Commonwealth. 

Elections 
Sec. 5. Elections shall be free and equal; and no power, civil or 
military, shall at any time interfere to prevent the free exercise of the 
right of suffrage. 

Trial by Jury 
Sec. 6. Trial by jury shall be as heretofore, and the right thereof 
remain inviolate. 

Freedom: of Press and Speech — Libels 
Sec. 7. The printing press shall be free to every person who may 
undertake to examine the proceedings of the legislature or any branch 
of government, and no law shall ever be made to restrain the right thereof. 
The free communication of thoughts and opinions is one of the invaluable 
rights of man, and every citizen may freely speak, write and print on any 
subject, being responsible for the abuse of that liberty. No convic- 
tion shall be had in any prosecution for the publication of papers relating 
to the official conduct of officers or men in public capacity, or to any 
other matter proper for public investigation or information, where the 
fact that such publication was not maliciously or negligently made shall 
be established to the satisfaction of the jury; and in all indictments for 
libels the jury shall have the right to determine the law and the facts 
under the direction of the court, as in other cases. 



CONSTITUTION OF PENNSYLVANIA 115 

Security from Searches and Seizures 

Sec. 8. The people shall be secure in their persons, houses, papers 
and possessions from unreasonable searches and seizures, and no war- 
rant to search any place or to seize any person or things shall issue with- 
out describing them as nearly as may be, nor without probable cause, 
supported by oath or affirmation subscribed to by the affiant. 

Rights of Accused in Criminal Prosecutions 

Sec. 9. In all criminal prosecutions the accused hath a right to be 
heard by himself and his counsel, to demand the nature and cause of the 
accusation against him, to meet the witnesses face to face, to have com- 
pulsory process for obtaining witnesses in his favor, and, in prosecutions 
by indictment or information, a speedy public trial by an impartial jury 
of the vicinage; he cannot be compelled to give evidence against him- 
self, nor can he be deprived of his life, liberty or property, unless by the 
judgment of his peers or the law of the land. 

Criminal Informations — Twice in Jeopardy 

Sec. 10. No person shall, for any indictable offence, be proceeded 
against criminally by information, except in cases arising in the land or 
naval forces, or in the militia, when in actual service, in time of war 
or public danger, or by leave of the court for oppression or misdemeanor 
in office. No person shall, for the same offence, be twice put in jeopardy 
of life or limb ; nor shall private property be taken or applied to public 
use, without authority of law and without just compensation being first 
made or secured. 

Courts to be Open — Suits Against the State 

Sec. 11. All courts shall be open; and every man for an injury done 
him in his lands, goods, person or reputation shall have remedy by due 
course of law, and right and justice administered without sale, denial 
or delay. Suits may be brought against the Commonwealth in such 
manner, in such courts and in such cases as the legislature may by law 
direct. 



n6 CIVICS OF PENNSYLVANIA 

Power of Suspending Laws 
Sec. 12. No power of suspending laws shall be exercised unless by 
the legislature or by its authority. 

Bail — Fines and Punishments 
Sec. 13. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel punishments inflicted. 

Prisoners to be Bailable — Habeas Corpus 
Sec. 14. All prisoners shall be bailable by sufficient sureties, unless 
for capital offences when the proof is evident or presumption great ; and 
the privilege of the writ of habeas corpus shall not be suspended, unless 
when in case of rebellion or invasion the public safety may require it. 

Oyer and Terminer, &c. 
Sec. 15. No commission of Oyer and Terminer or Jail Delivery 
shall be issued. 

Insolvent Debtors 

Sec. 16. The person of a debtor, where there is not strong presump- 
tion of fraud, shall not be continued in prison after delivering up his es- 
tate for the benefit of his creditors in such manner as shall be prescribed 
by law. 

Ex Post Facto Laws — Impairment of Contracts 
Sec. 17. No ex post facto law, nor any law impairing the obligation 
of contracts, or making irrevocable any grant of special privileges or 
immunities, shall be passed. 

Attaint 
Sec. 18. No person shall be attainted of treason or felony by the 
legislature. 

Effect of Attainder Limited — No Forfeiture for Suicide or 
in Case of Death by Casualty 

Sec. 19. No attainder shall work corruption of blood, nor except 
during the life of the offender, forfeiture of estate to the Commonwealth. 
The estate of such persons as shall destroy their own lives shall descend 



CONSTITUTION OF PENNSYLVANIA 117 

or vest as in cases of natural death, and if any person shall be killed 
by casualty there shall be no forfeiture by reason thereof. 

Right of Petition 

Sec. 20. The citizens have a right in a peaceable manner to assemble 
together for their common good, and to apply to those invested with the 
powers of government for redress of grievances or other proper pur- 
poses, by petition, address or remonstrance. 

Right to Bear Arms 

Sec. 21. The right of the citizens to bear arms in defence of them- 
selves and the State shall not be questioned. 

No Standing Army — Military Subordinate to Civil Power 

Sec. 22. No standing army shall, in time of peace, be kept up without 
the consent of the legislature, and the military shall in all cases and at 
all times be in strict subordination to the civil power. 

Quartering of Troops 

Sec. 23. No soldier shall in time of peace be quartered in any house 
without the consent of the owner, nor in time of war but in a manner to 
be prescribed by law. 

Titles and Offices 

Sec. 24. The legislature shall not grant any title of nobility or 
hereditary distinction, nor create any office the appointment to which 
shall be for a longer term than during good behaviour. 

Emigration 
Sec. 25. Emigration from the State shall not be prohibited. 

Exceptions from the General Powers of Government 

Sec. 26. To guard against transgressions of the high powers which 
we have delegated, we declare that everything in this article is excepted 
out of the general powers of government and shall forever remain 
inviolate. 



n8 CIVICS OF PENNSYLVANIA 

ARTICLE II 

The Legislature — Power Vested in — Consists of a Senate 

and House 

Sec. i. The legislative power of this Commonwealth shall be vested 
in a General Assembly which shall consist of a Senate and a House of 
Representatives. 

Election of Members — Vacancies 

Sec. 2. Members of the General Assembly shall be chosen at the 
general election every second year. Their term of service shall begin 
on the first day of December next after their election. Whenever a 
vacancy shall occur in either House, the presiding officer thereof shall 
issue a writ of election to fill such vacancy for the remainder of the term. 

Terms of Senators and Representatives 
Sec. 3. Senators shall be elected for the term of four years and Rep- 
resentatives for the term of two years. 

Meetings of the General Assembly — Filling of Vacancy in 
Office of United States Senator 

Sec. 4. The General Assembly shall meet at twelve o'clock, noon, 
on the first Tuesday of January every second year, and at other times 
when convened by the Governor, but shall hold no adjourned annual ses- 
sion after the year one thousand eight hundred and seventy-eight. In 
case of a vacancy in the office of United States Senator from this Com- 
monwealth, in a recess between sessions, the Governor shall convene the 
two Houses, by proclamation on notice not exceeding sixty days, to fill 
the same. 

Qualifications of Senators and Representatives — 
Residence 

Sec. 5. Senators shall be at least twenty -five years of age and Rep- 
resentatives twenty -one years of age. They shall have been citizens and 
inhabitants of the State four years, and inhabitants of their respective 
districts one year next before their election (unless absent on the public 
business of the United States or of this State,) and shall reside in their 
respective districts during their terms of service. 



S 



CONSTITUTION OF PENNSYLVANIA 119 

Disqualifications 

Sec. 6. Xo Senator or Representative shall, during the time for 
which he shall have been elected, be appointed to any civil office under 
this Commonwealth, and no member of Congress or other person holding 
any office (except of attorney -at-law or in the militia) under the United 
States of this Commonwealth shall be a member of either House during 
his continuance in office. 



Persons Convicted of Infamous Crimes to be Disqualified 

Sec. 7. No person hereafter convicted of embezzlement of public 
moneys, bribery, perjury or other infamous crime, shall be eligible to the 
General Assembly, or capable of holding any office of trust or profit 
in this Commonwealth. 



Compensation not to be Increased During Term 

Sec. 8. The members of the General Assembly shall receive such 
salary and mileage for regular and special sessions as shall be fixed by 
law, and no other compensation whatever, whether for service upon com- 
mittee or otherwise. Xo member of either House shall, during the term 
for which he may have been elected, receive any increase of salary, or 
mileage, under any law passed during such term. 



Election of President pro tempore of the Senate and Speaker 
of the House — Other Officers — Each House shall Judge 
as to Election of its Members, &c. 

Sec 9. The Senate shall, at the beginning and close of each regular 
session and at such other times as may be necessary, elect one of its 
members President pro tempore, who shall perform the duties of the 
Lieutenant Governor, in any case of absence or disability of that officer, 
and whenever the said office of Lieutenant Governor shall be vacant. 
The House of Representatives shall elect one of its members as Speaker. 
Each House shall choose its other officers, and shall judge of the election 
and qualifications of its members 



120 CIVICS OF PENNSYLVANIA 

Quorum 

Sec. io. A majority of each House shall constitute a quorum, but a 
smaller number may adjourn from day to day and compel the attendance 
of absent members. 

Powers of Each House — Expulsion 

Sec. ii. Each House shall have power to determine the rules of its 
proceedings and punish its members or other persons for contempt or 
disorderly behavior in its presence, to enforce obedience to its process, 
to protect its members against violence or offers of bribes or private so- 
licitation, and, with the concurrence of two-thirds, to expel a member, 
but not a second time for the same cause, and shall have all other powers 
necessary for the legislature of a free State. A member expelled for 
corruption shall not thereafter be eligible to either House, and punish- 
ment for contempt or disorderly behavior shall not bar an indictment for 
the same offence. 

Journals — Yeas and Nays 

Sec. 12. Each House shall keep a journal of its proceedings and 
from time to time publish the same, except such parts as require secrecy, 
and the yeas and nays of the members on any question shall, at the desire 
of any two of them, be entered on the journal. 

Sessions Shall be Open 

Sec. 13. The sessions of each House and of Committees of the 
Whole shall be open, unless when the business is such as ought to be kept 
secret. 

Adjournments 

Sec. 14. Neither House shall, without the consent of the other, ad- 
journ for more than three days, nor to any other place than that in which 
the two Houses shall be sitting. 

Privileges of Members 

Sec. 15. The members of the General Assembly shall in all cases, 
except treason, felony, violation of their oath of office, and breach or 
surety of the peace, be privileged from arrest during their attendance at 



CONSTITUTION OF PENNSYLVANIA 121 

the sessions of their respective Houses and in going to and returning from 
the same ; and for any speech or debate in either House they shall not be 
questioned in any other place. 

Senatorial Districts — Ratio 
Sec. 16. The State shall be divided into fifty senatorial districts of 
compact and contiguous territory as nearly equal in population as may 
be, and each district shall be entitled to elect one Senator. Each county 
containing one or more ratios of population shall be entitled to one Sen- 
ator for each ratio, and to an additional Senator for a surplus of popula- 
tion exceeding three-fifths of a ratio, but no county shall form a separate 
district unless it shall contain four-fifths of a ratio, except where the 
adjoining counties are each entitled to one or more Senators when such 
county may be assigned a Senator on less than four-fifths and exceeding 
one-half a ratio, and no county shall be divided unless entitled to two 
or more Senators. No city or county shall be entitled to separate rep- 
resentation exceeding one-sixth of the whole number of Senators. No 
ward, borough or township shall be divided in the formation of a district. 
The senatorial ratio shall be ascertained by dividing the whole popula- 
tion of the State by the number fifty. 

Representative Districts — Ratio 
Sec. 17. The members of the House of Representatives shall be ap- 
portioned among the several counties, on a ratio obtained by dividing the 
population of the State as ascertained by the most recent United States 
census by two hundred. Every county containing less than five ratios 
shall have one representative for every full ratio, and an additional rep- 
resentative when the surplus exceeds half a ratio; but each county shall 
have at least one representative. Every county containing five ratios 
or more shall have one representative for even' full ratio. Every city 
containing a population equal to a ratio shall elect separately its propor- 
tion of the representatives allotted to the county in which it is located. 
Every city entitled to more than four representatives, and every county 
having over one hundred thousand inhabitants shall be divided into dis- 
tricts of compact and contiguous territory, each district to elect its pro- 
portion of representatives according to its population, but no district 
shall elect more than four representatives. 



122 CIVICS OF PENNSYLVANIA 

Apportionment of the State 

Sec. 18. The General Assembly at its first session after the adoption 
of this Constitution, and immediately after each United States decennial 
census, shall apportion the State into senatorial and representative dis- 
tricts agreeably to the provisions of the two next preceding sections. 

ARTICLE III 

Legislation — Passage of Bills 

Sec. i . No law shall be passed except by bill, and no bill shall be so 
altered or amended, on its passage through either House, as to change 
its original purpose. 

Reference and Printing 

Sec. 2. No bill shall be considered, unless referred to a committee, 
returned therefrom, and printed for the use of the members. 

Form of Bills 

Sec. 3. No bill, except general appropriation bills, shall be passed 
containing more than one subject, which shall be clearly expressed in its 
title. 

Three Readings — Amendments — Yeas and Nays 

Sec. 4. Every bill shall be read at length on three different days in 
each House; all amendments made thereto shall be printed for the use 
of the members before the final vote is taken on the bill, and no bill shall 
become a law, unless on its final passage the vote be taken by yeas and 
nays, the names of the persons voting for and against the same be en- 
tered on the journal, and a majority of the members elected to each 
House be recorded thereon as voting in its favor. 

Votes on Concurring in Amendments — Reports of Committees 

of Conference 

Sec. 5. No amendment to bills by one House shall be concurred in 
by the other, except by the vote of a majority of the members elected 
thereto, taken by yeas and nays, and the names of those voting for and 
against recorded upon the journal thereof; and reports of committees of 



CONSTITUTION OF PENNSYLVANIA 123 

conference shall be adopted in either House only by the vote of a ma- 
jority of the members elected thereto, taken by yeas and nays, and the 
names of those voting recorded upon the journals. 

Revival axd Amendment of Laws 

Sec. 6. No law shall be revived, amended, or the provisions thereof 
extended or conferred, by reference to its title only, but so much thereof 
as is revived, amended, extended or conferred shall be re-enacted and 
published at length. 

Special axd Local Legislation Limited 

Sec. 7. The General Assembly shall not pass any local or special law 

Authorizing the creation, extension or impairing of liens: 

Regulating the affairs of counties, cities, townships, wards, boroughs 
or school districts: 

Changing the names of persons or places: 

Changing the venue in civil or criminal ca 

Authorizing the laying out, opening, altering or maintaining, roads, 
highways, streets or all 

Relating to ferries or bridges, or incorporating ferry or bridge com- 
panies, except for the erection of 1 reams which form 
boundaries between this and any other State: 

Vacating roads, town plats, 

Relating to cemeteries, grave-yards, or public grounds not of the State: 

Authorizing the adoption or legitimation of children: 

Locating or changing county seats, erecting new counties or changing 
county lines : 

Incorporating cities, towns or villages, or changing their charters: 

For the opening and conducting of elections, or fixing or changing the 
place of voting: 

Granting divorces: 

Erecting new townships or boroughs, changing township lines, bor- 
ough limits or school distri; 

Creating offices, or prescribing the powers and duties oi officers in 
counties, cities, boroughs, townships, election or school districts: 

Changing the law of descent or succession : 



124 CIVICS OF PENNSYLVANIA 

Regulating the practice or jurisdiction of, or changing the rules of 
evidence in, any judicial proceeding or inquiry before courts, aldermen, 
justices of the peace, sheriffs, commissioners, arbitrators, auditors, mas- 
ters in chancery or other tribunals, or providing or changing methods 
for the collection of debts, or the enforcing of judgments, or prescribing 
the effect of judicial sales of real estate : 

Regulating the fees, or extending the powers and duties of aldermen, 
justices of the peace, magistrates or constables: 

Regulating the management of public schools, the building or repair- 
ing of school-houses and the raising of money for such purposes : 

Fixing the rate of interest: 

Affecting the estates of minors or persons under disability, except after 
due notice to all parties in interest, to be recited in the special enact- 
ment: 

Remitting fines, penalties and forfeitures, or refunding moneys legally 
paid into the treasury : 

Exempting property from taxation: 

Regulating labor, trade, mining or manufacturing: 

Creating corporations, or amending, renewing or extending the char- 
ters thereof: 

Granting to any corporation, association or individual any special or 
exclusive privilege or immunity, or to any corporation, association or 
individual the right to lay down a railroad track : 

Nor shall the General Assembly indirectly enact such special or local 
law by the partial repeal of a general law; but laws repealing local or 
special acts may be passed: 

Nor shall any law be passed granting powers or privileges in any case 
where the granting of such powers and privileges shall have been pro- 
vided for by general law, nor where the courts have jurisdiction to grant 
the same or give the relief asked for. 

Notice of Local and Special Bills 

Sec. 8. No local or special bill shall be passed unless notice of the 
intention to apply therefor shall have been published in the locality 
where the matter or the thing to be effected may be situated, which notice 
shall be at least thirty days prior to the introduction into the General, 



CONSTITUTION OF PENNSYLVANIA 125 

Assembly of such bill and in the manner to be provided by law; the evi- 
dence of such notice having been published, shall be exhibited in the 
General Assembly before such act shall be passed. 

Signing of Bills 
Sec. 9. The presiding officer of each House shall, in the presence of 
the House over which he presides, sign all bills and joint resolutions 
passed by the General Assembly, after their titles have been publicly 
read immediately before signing, and the fact of signing shall be entered 
on the journal. 

Officers of the General Assembly 
Sec. 10. The General Assembly shall prescribe by law the number, 
duties and compensation of the officers and employes of each House, 
and no payment shall be made from the State treasury, or be in any way 
authorized, to any person, except to an acting officer or employe elected 
or appointed in pursuance of law. 

Extra Compensation Prohibited — Payment of Claims Against 
the Commonwealth 

Sec. 11. No bill shall be passed giving any extra compensation to 
any public officer, servant, employe, agent or contractor, after services 
shall have been rendered or contract made, nor providing for the payment 
of any claim against the Commonwealth without previous authority of 
law. 

Public Contracts for Supplies 

Sec. 12. All stationery, printing, paper and fuel used in the legis- 
lative and other departments of government shall be furnished, and the 
printing, binding and distributing of the laws, journals, department re- 
ports, and all other printing and binding, and the repairing and furnishing 
the halls and rooms used for the meetings of the General Assembly and its 
committees shall be performed under contract to be given to the lowest 
responsible bidder below such maximum price and under such regulations 
as shall be prescribed by law; no member or officer of any department of 
the government shall be in any way interested in such contracts, and 
all such contracts shall be subject to the approval of the Governor, 
Auditor General and State Treasurer. 



126 CIVICS OF PENNSYLVANIA 

Extension of Official Terms and Increase of Salaries 
Prohibited 

Sec. 13. No law shall extend the term of any public officer, or in- 
crease or diminish his salary or emoluments, after his election or appoint- 
ment. 

Revenue Bills 

Sec 14. All bills for raising revenue shall originate in the House of 
Representatives, but the Senate may propose amendments as in other 
bills. 

Appropriation Bills 

Sec 15. The general appropriation bill shall embrace nothing but 
appropriations for the ordinary expenses of the executive, legislative and 
judicial departments of the Commonwealth, interest on the public debt 
and for public schools ; all other appropriations shall be made by separate 
bills, each embracing but one subject. 

Public Moneys — How Paid Out 

Sec 16. No money shall be paid out of the treasury, except upon 
appropriations made by law, and on warrant drawn by the proper officer 
in pursuance thereof. 

Appropriations to Charitable and Educational Institutions 

Sec 17. No appropriation shall be made to any charitable or educa- 
tional institution not under the absolute control of the Commonwealth, 
other than normal schools established by law for the professional training 
of teachers for the public schools of the State, except by a vote of two- 
thirds of all the members elected to each House. 

Appropriations — How Limited 

Sec 18. No appropriations, except for pensions or gratuities for 
military services, shall be made for charitable, educational or benevolent 
purposes, to any person or community, nor to any denominational or 
sectarian institution, corporation or association. 



CONSTITUTION OF PENNSYLVANIA 127 

Appropriations to Institutions for Soldiers' Widows and 

Orphans 

Sec. 19. The General Assembly may make appropriations of money 
to institutions wherein the widows of soldiers are supported or assisted, 
or the orphans of soldiers are maintained and educated ; but such appro- 
priations shall be applied exclusively to the support of such widows and 
orphans. 

Municipal Powers not to be Delegated to Special 
Commissions, &c. 

Sec. 20. The General Assembly shall not delegate to any special 
commission, private corporation or association, any power to make, su- 
pervise or interfere with any municipal improvement, money, property 
or effects, whether held in trust or otherwise, or to levy taxes or perform 
any municipal function whatever. 

Suits for Damages in Case of Injuries Resulting in Death, or 

for Injuries to Persons or Property — How 

not to be Limited 

Sec. 21. No act of the General Assembly shall limit the amount to be 
recovered for injuries resulting in death, or for injuries to persons or 
property, and, in case of death from such injuries, the right of action 
shall survive, and the General Assembly shall prescribe for whose bene- 
fit such actions shall be prosecuted. No act shall prescribe any limita- 
tions of time within which suits may be brought against corporations 
for injuries to persons or property, or for other causes different from 
those fixed by general laws regulating actions against natural persons, 
and such acts now existing are avoided. 

Investment of Trust Funds by Executors, &c. 

Sec. 22. No act of the General Assembly shall authorize the invest- 
ment of trust funds by executors, administrators, guardians or other trus- 
tees, in the bonds or stock of any private corporation, and such acts now 
existing are avoided savins: investments heretofore made. 



128 CIVICS OF PENNSYLVANIA 

Change of Venue 

Sec. 23. The power to change the venue in civil and criminal cases 
shall be vested in the courts, to be exercised in such manner as shall be 
provided by law. 

Corporate Obligations Owned by the Commonwealth 

Sec. 24. No obligation or liability of any railroad or other corpo- 
ration, held or owned by the Commonwealth, shall ever be exchanged, 
transferred, remitted, postponed or in any way diminished by the General 
Assembly, nor shall such liability or obligation be released, except by 
payment thereof into the State treasury. 

Legislation at Special Sessions 

Sec. 25. When the General Assembly shall be convened in special 
session, there shall be no legislation upon subjects other than those 
designated in the proclamation of the Governor calling such session. 

Action on Concurrent Resolutions, &c. 

Sec. 26. Every order, resolution or vote, to which the concurrence of 
both Houses may be necessary, except on the question of adjournment, 
shall be presented to the Governor and before it shall take effect be ap- 
proved by him, or being disapproved, shall be re-passed by two-thirds of 
both Houses according to the rules and limitations prescribed in case of 
a bill. 

Inspectors of Merchandise 

Sec. 27. No State office shall be continued or created for the inspec- 
tion or measuring of any merchandise, manufacture or commodity, but 
any county or municipality may appoint such officers when authorized 
by law. 

Changing Location of State Capital 

Sec. 28. No law changing the location of the Capital of the State 
shall be valid until the same shall have been submitted to the qualified 
electors of the Commonwealth at a general election and ratified and 
approved by them. 



CONSTITUTION OF PENNSYLVANIA 129 

Mr.MBERS OF THE GENERAL ASSEMBLY — WHEN GUILTY OF BRIBERY 

— PUNISHMENT 

Sec. 29. A member of the General Assembly who shall solicit, de- 
mand or receive, or consent to receive, directly or indirectly, for himself or 
for another, from any company, corporation or person, any money, office, 
appointment, employment, testimonial, reward, thing of value or enjoy- 
ment, or of personal advantage, or promise thereof, for his vote or offi- 
cial influence, or for withholding the same, or with an understand 
expressed or implied, that his vote or official action shall be in any way 
influenced thereby, or who shall solicit or demand any such money or 
other advantage, matter or thing aforesaid for another, as the considera- 
tion of his vote or official influence, or for withholding the same, or shall 
or withhold his vote or influence in consideration of the payment 
or promise of such money, advantage, matter or thing to another, shall 
be held guilty of bril^ry within the meaning of this Constitution, and 
shall incur the disabilities provided thereby for said offence, and such 
additional punishment a all be provided by law. 

Bribery of State Officers Defi 

Sec. 30. Any person who shall, directly or indirectly, offer, give or 
promise, any money, or thing <>t* value, testimonial, pr: personal 

advantage, to any executive or judicial officer, or member of the Gen- 
eral Assembly, to influence him in the performance of any of his public 
or official duties, shall be guilty of briber}' and be punished in such man- 
ner as shall be provided by law. 

Corrupt Solicitation of Officials to be Defined by Law — 

Punishment 

Sec. 31. The offence of corrupt solicitation of members of the Gen- 
eral Assembly or of public officers of the State or of any municipal divi- 
sion thereof, and any occupation or practice of solicitation of such mem- 
bers or officers to influence their official action, shall be defined by law 
and shall be punished by fine and imprisonment. 



130 CIVICS OF PENNSYLVANIA 

Bribery or Corrupt Solicitation — Testimony Against Persons 
Accused of — Disqualification on Conviction 

Sec. 32. Any person may be compelled to testify in any lawful in- 
vestigation or judicial proceeding against any person who may be charged 
with having committed the offence of bribery or corrupt solicitation, or 
practices of solicitation, and shall not be permitted to withhold his testi- 
mony upon the ground that it may incriminate himself or subject him to 
public infamy; but such testimony shall not afterwards be used against 
him in any judicial proceeding, except for perjury in giving such testi- 
mony, and any person convicted of either of the offences aforesaid shall, 
as part of the punishment therefor, be disqualified from holding any 
office or position of honor, trust or profit in this Commonwealth. 

Members Interested not to Vote 

Sec. 33. A member who has a personal or private interest in any 
measure or bill proposed or pending before the General Assembly shall 
disclose the fact to the House of which he is a member, and shall not vote 
thereon. 

ARTICLE IV 

THE EXECUTIVE 

Executive Department — Of What Consisting 

Sec i. The executive department of this Commonwealth shall con- 
sist of a Governor, Lieutenant Governor, Secretary of the Common- 
wealth, Attorney- General, Auditor General, State Treasurer, Secretary 
of Internal Affairs and a Superintendent of Public Instruction. 

Governor — Election — Returns — Tie Vote — Contested 

Elections 

Sec 2. The supreme executive power shall be vested in the Gov- 
ernor, who shall take care that the laws be faithfully executed ; he shall 
be chosen on the day of the general election, by the qualified electors of 
the Commonwealth, at the places where they shall vote for Representa- 
tives. The returns of every election for Governor shall be sealed up and 
transmitted to the seat of government, directed to the President of the 






CONSTITUTION OF PENNSYLVANIA 131 

Senate, who shall open and publish them in the presence of the members 
of both Houses of the General Assembly. The person having the highest 
number of votes shall be Governor, but if two or more be equal and high- 
est in votes, one of them shall be chosen Governor by the joint vole of 
the members of both Houses. Contested elections shall be determined 
by a committee, to be selected from both Houses of the General Assembly, 
and formed and regulated in such manner as shall be directed by law. 

Term of Office 

Sec. 3. The Governor shall hold his office during four years from 
the third Tuesday of January next ensuing his election, and shall not be 
eligible to the office for the next succeeding term. 

Lieutenant Governor — To be President of the Sexate 

Sec. 4. A Lieutenant Governor shall be chosen at the same time, 
in the same manner, for the same term, and subject to the same pro- 
visions as the Governor; he shall be president of the Senate, but shall 
have no vote unless they be equally divided. 

Qualifications of Governor and Lieutenant Governor 

Sec. 5. No person shall be eligible to the office of Governor or 
Lieutenant Governor except a citizen of the United States, who shall have 
attained the age of thirty years, and have been seven years next preceding 
his election an inhabitant of the State, unless he shall have been absent 
on the public business of the United States or of this State. 

Disqualifications for Offices of Governor and Lieutenant 

Governor 

Sec. 6. No member of Congress or person holding any office under 
the United States or this State shall exercise the office of Governor or 
Lieutenant Governor. 

Military Power 

Sec. 7. The Governor shall be commander-in-chief of the army and 
navy of the Commonwealth, and of the militia, except when they shall 
be called into the actual service of the United States. 



132 CIVICS OF PENNSYLVANIA 

Appointing Power — Filling Vacancies — Confirmations 

Sec. 8. He shall nominate and, by and with the advice and consent 
of two-thirds of all the members of the Senate, appoint a Secretary of the 
Commonwealth and an Attorney- General during pleasure, a Superin- 
tendent of Public Instruction for four years, and such other officers of the 
Commonwealth as he is or may be authorized by the Constitution or by 
law to appoint; he shall have power to fill all vacancies that may hap- 
pen, in offices to which he may appoint, during the recess of the Senate, 
by granting commissions which shall expire at the end of their next ses- 
sion ; he shall have power to fill any vacancy that may happen, during 
the recess of the Senate, in the office of Auditor General, State Treasurer, 
Secretary of Internal Affairs or Superintendent of Public Instruction 
in a judicial office, or in any other elective office which he is or may be 
authorized to fill ; if the vacancy shall happen during the session of the 
Senate, the Governor shall nominate to the Senate, before their final 
adjournment, a proper person to fill said vacancy; but in any such case 
of vacancy, in an elective office, a person shall be chosen to said office 
at the next general election, unless the vacancy shall happen within 
three calendar months immediately preceding such election, in which 
case the election for said office shall be held at the second succeeding 
general election. In acting on executive nominations the Senate shall 
sit with open doors, and, in confirming or rejecting the nominations of 
the Governor, the vote shall be taken by yeas and nays, and shall be 
entered on the journal. 

Pardoning Power — Board of Pardons 

Sec. 9. He shall have power to remit fines and forfeitures, to grant 
reprieves, commutations of sentence and pardons, except in cases of im- 
peachment; but no pardon shall be granted, nor sentence commuted, 
except upon the recommendation in writing of the Lieutenant Governor, 
Secretary of the Commonwealth, Attorney- General and Secretary of 
Internal Affairs, or any three of them, after full hearing, upon due public 
notice and in open session, and such recommendation, with the reasons 
therefor at length, shall be recorded and filed in the office of the Sec- 
retary of the Commonwealth. 



CONSTITUTION OF PENNSYLVANIA 133 

Information from Officers 

Sec. 10. He may require information in writing from the officers 
of the executive department, upon any subject relating to the duties of 
their respective offices. 

Information to the Legislature 

Sec. 11. He shall, from time to time, give to the General Assembly 
information of the state of the Commonwealth, and recommend to their 
consideration such measures as he may judge expedient. 

May Convene, and in Certain Cases, Adjourn the 
Legislature 

Sec. 12. He may, on extraordinary occasions, convene the General 
Assembly, and in case of disagreement between the two Houses, with 
respect to the time of adjournment, adjourn them to such time as he 
shall think proper, not exceeding four months. lie shall have power to 
convene the Senate in extraordinary session by proclamation for the 
transaction of executive business. 

When Lieutenant Governor to Act as Governor 

Sec. 13. In case of the death, conviction on impeachment, failure to 
qualify, resignation, or other disability of the Governor, the powers, 
duties and emoluments of the office for the remainder of the term, or 
until the disability be removed, shall devolve upon the Lieutenant Gov- 
ernor. 

President pro tempore of Senate — May Become Lieutenant 
Governor and Governor 

Sec. 14. In case of a vacancy in the office of Lieutenant Governor, 
or when the Lieutenant Governor shall be impeached by the House of 
Representatives, or shall be unable to exercise the duties of his office, the 
powers, duties and emoluments thereof for the remanider of the term, or 
until the disability be removed, shall devolve upon the President pro 



134 CIVICS OF PENNSYLVANIA 

tempore of the Senate ; and the President pro tempore of the Senate shall 
in like manner become Governor if a vacancy or disability shall occur in 
the office of Governor; his seat as Senator shall become vacant whenever 
he shall become Governor, and shall be rilled by election as any other 
vacancy in the Senate. 

Bills — Approval of — How Vetoed — Passing Over Veto — 
Not Signed or Vetoed Become Laws 

Sec. 15. Every bill which shall have passed both Houses shall be pre- 
sented to the Governor ; if he approve he shall sign it, but if he shall not 
approve he shall return it with his objections to the House in which it 
shall have originated, which House shall enter the objections at large 
upon their journal, and proceed to reconsider it. If, after such reconsid- 
eration, two -thirds of all the members elected to that House shall agree 
to pass the bill, it shall be sent with the objections to the other House 
by which likewise it shall be reconsidered, and if approved by two -thirds 
of all the members elected to that House it shall be a law; but in such 
cases the votes of both Houses shall be determined by yeas and nays, 
and the names of the members voting for and against the bill shall be en- 
tered on the journals of each House, respectively. If any bill shall not 
be returned by the Governor within ten days after it shall have been pre- 
sented to him, the same shall be a law in like manner as if he had signed 
it, unless the General Assembly, by their adjournment, prevent its re- 
turn, in which case it shall be a law, unless he shall file the same, with 
his objections, in the office of the Secretary of the Commonwealth, and 
give notice thereof by public proclamation within thirty days after such 
adjournment. 

Partial Disapproval of Appropriation Bills 

Sec, 16. The Governor shall have power to disapprove of any item 
or items of any bill, making appropriations of money, embracing distinct 
items, and the part or parts of the bill approved shall be the law, and 
the item or items of appropriation disapproved shall be void, unless re- 
passed according to the rules and limitations prescribed for the passage 
of other bills over the executive veto. 



CONSTITUTl 5YLVANIA 

Governor and Lieutenant Governor — Trial of Contested 

Eli or — Hold Office until Successors 

are Qualified 

Sec. 17. The Chief Justice of the Supreme Court shall preside upon 
the trial of any contested election of Governor or Lieutenant Governor 
and shall decide questions regarding the admissibility of evidence, and 
shall, upon request of the committee, pronounce his opinion upon other 
questions of law involved in the trial. The Governor and Lieutenant 
Governor shall exercise the duties of their respective offices until their 
successors shall he duly qualified. 

Secretary of the Commonwealth — Duties of 

Sec. 18. The Secretary of the Commonwealth shall keep a n 
of all official acts and proceedings of the Governor, and when required 
lay the same, with all papers, minutes and vouchers relating the] 
before either branch of the General Assembly, and perform such other 

duties as may be enjoined upon him by law. 

Secretary of Internal Affairs — Duties of 

Sec. 19. The Secretary of Internal Affairs shall exercise all the pow- 
and perform all the duties of the Surveyor General, subject to such 
changes as shall be made by law. His department shall embrace a 
bureau of industrial statistics, and he shall discharge such duties relat- 
ing to corporations, to the charitable institutions, the agricultural, manu- 
facturing, mining, mineral, timber and other material or business 
interests of the State as may be prescribed by law. lie shall annually, 
and at such other times as may be required by law, make report to the 
General Assembly. 

Superintendent of Public Ixstructiox — Duties of 

Sec. 20. The Superintendent of Public Instruction shall exercise all 
the powers and perform all the duties of the Superintendent of Common 
Schools, subject to such changes as shall be made by law. 



136 CIVICS OF PENNSYLVANIA 

Terms of Office 

Sec. 21. The term of the Secretary of Internal Affairs shall be four 
years; of the Auditor General three years; and of the State Treasurer 
two years. These officers shall be chosen by the qualified electors of the 
State at general elections. No person elected to the office of Auditor 
General or State Treasurer shall be capable of holding the same office 
for two consecutive terms. 

State Seal — Commissions 

Sec. 22. The present Great Seal of Pennsylvania shall be the seal of 
the State. All commissions shall be in the name and by the authority of 
the Commonwealth of Pennsylvania, and be sealed with the State seal 
and signed by the Governor. 

ARTICLE V 
THE JUDICIARY 

Judicial Power — How Vested 

Sec. 1. The judicial power of this Commonwealth shall be vested in 
a Supreme Court, in courts of Common Pleas, courts of Oyer and Ter- 
miner and General Jail Delivery, courts of Quarter Sessions of the Peace, 
Orphans' Courts, Magistrates' Courts, and in such other courts as the 
General Assembly may from time to time establish. 

Supreme Court — Terms of Judges — Chief Justice 

Sec 2. The Supreme Court shall consist of seven judges, who shall 
be elected by the qualified electors of the State at large. They shall hold 
their offices for the term of twenty-one years, if they so long behave 
themselves well, but shall not be again eligible. The judge whose com- 
mission shall first expire shall be chief justice, and thereafter each judge 
whose commission shall first expire shall in turn be chief justice. 

Supreme Court — Jurisdiction and Powers of 

Sec 3. The jurisdiction of the Supreme Court shall extend over the 
State, and the judges thereof shall, by virtue of their offices, be justices 
of Oyer and Terminer and General Jail Delivery in the several counties ; 



CONSTITUTION OF PENNSYLVANIA 137 

they shall have original jurisdiction in cases of injunction where a cor- 
poration is a party defendant, of habeas corpus, of mandamus to courts 
of inferior jurisdiction, and of quo warranto as to all officers of the 
Commonwealth whose jurisdiction extends over the State, but shaK not 
exercise any other original jurisdiction; they shall have appellate juris- 
diction by appeal, certiorari or writ of error in all cases, as is now or may 
hereafter be provided by law. 

Common Pleas Courts 

Sec. 4. Until otherwise directed by law, the courts of Common Pleas 
shall continue as at present established, except as herein changed ; not 
more than four counties shall, at any time, be included in one judicial 
district organized for said courts. 

Judicial Districts — Associate Judges 

Sec. 5. Whenever a county shall contain forty thousand inhabitants 
it shall constitute a separate judicial district, and shall elect one judge 
learned in the law; and the General Assembly shall provide for addi- 
tional judges, as the business of the said districts may require. Counties 
containing a population less than is sufficient to constitute separate 
districts shall be formed into convenient single districts, or, if neces- 
sary, may be attached to contiguous districts as the General Assembly 
may provide. The office of associate judge, not learned in the law, is 
abolished in counties forming separate districts; but the several asso- 
ciate judges in office when this Constitution shall be adopted shall serve • 
for their unexpired terms. 

Common Pleas Courts of Philadelphia and Allegheny Col'nties 
— Number of Judges in any County may be Increased 

Sec. 6. In the counties of Philadelphia and Allegheny all the juris- 
diction and powers now vested in the District courts and courts of Com- 
mon Pleas, subject to such changes as may be made by this Constitution 
or by law, shall be in Philadelphia vested in four, and in Allegheny in 
two, distinct and separate courts of equal and co-ordinate jurisdiction, 
composed of three judges each; the said courts in Philadelphia shall 
be designated respectively as the court of Common Pleas number one, 



138 CIVICS OF PENNSYLVANIA 

number two, number three and number four, and in Allegheny as the 
court of Common Pleas number one and two, but the number of said 
courts may be by law increased, from time to time, and shall be in like 
manner designated by successive numbers; the number of judges in any 
of said courts, or in any county where the establishment of an additional 
court may be authorized by law, may be increased from time to time, 
and whenever such increase shall amount in the whole to three, such 
three judges shall compose a distinct and separate court as aforesaid, 
which shall be numbered as aforesaid. In Philadelphia all suits shall be 
instituted in the said courts of Common Pleas without designating the 
number of said court, and the several courts shall distribute and appor- 
tion the business among them in such manner as shall be provided by 
rules of court, and each court, to which any suit shall be thus assigned, 
shall have exclusive jurisdiction thereof, subject to change of venue, as 
shall be provided by law. In Allegheny each court shall have exclusive 
jurisdiction of all proceedings at law and in equity, commenced therein, 
subject to change of venue as may be provided by law. 

Prothonotary of Philadelphia — Term — Assistants — 
Salaries — Fees — Court Dockets 

Sec. 7. For Philadelphia there shall be one prothonotary's office, 
and one prothonotary for all said courts to be appointed by the judges of 
said courts, and to hold office for three years, subject to removal by a 
majority of the said judges; the said prothonotary shall appoint such 
> assistants as may be necessary and authorized by said courts ; and he and 
his assistants shall receive fixed salaries, to be determined by law and 
paid by said county ; all fees collected in said office, except such as may 
be by law due to the Commonwealth, shall be paid by the prothonotary 
into the county treasury. Each court shall have its separate dockets, 
except the judgment docket, which shall contain the judgments and liens 
of all the said courts, as is or may be directed by law. 

Criminal Courts in Philadelphia and Allegheny Counties — 
Assignment of Judges to 

Sec. 8. The said courts in the counties of Philadelphia and Alle- 
gheny, respectively, shall, from time to time, in turn detail one or more 



CONSTITUTION OF PENNSYLVANIA 139 

of their judges to hold the courts of Oyer and Terminer and the courts 
of Quarter Sessions of the Peace of said counties, in such manner as may 
be directed by law. 

Duties of Common Pleas Judges 
Sec. 9. Judges of the courts of Common Pleas learned in the law 
shall be judges of the courts of Oyer and Terminer, Quarter Sessions of 
the Peace and General Jail Delivery, and of the Orphans' Court, and 
within their respective districts shall be Justices of the Peace as to 
criminal matters. 

Judges of Common Pleas Courts may Issue Writs of Certiorari 

Sec. 10. The judges of the courts of Common Pleas, within their 
respective counties, shall have power to issue writs of certiorari to jus- 
tices of the peace and other inferior courts not of record, and to cause 
their proceedings to be brought before them, and right and justice to be 
done. 

Justices of the Peace and Aldermen — Election, Term, Number 
and Qualification 

Sec. 11. Except as otherwise provided in this Constitution, justices 
of the peace or aldermen shall be elected in the several wards, districts, 
boroughs and townships at the time of the election of constables, by the 
qualified electors thereof, in such manner as shall be directed by law, 
and shall be commissioned by the Governor for a term of five years. No 
township, ward, district or borough shall elect more than two justices 
of the peace or aldermen without the consent of a majority of the qualified 
electors within such township, ward or borough ; no person shall be 
elected to such office unless he shall have resided within the township, 
borough, ward or district for one year next preceding his election. In 
cities containing over fifty thousand inhabitants, not more than one 
alderman shall be elected in each ward or district. 

Magistrates' Courts in Philadelphia — Election — Salaries — 

Jurisdiction 

Sec. 12. In Philadelphia there shall be established, for each thirty 
thousand inhabitants, one court, not of record, of police and civil causes, 



140 CIVICS OF PENNSYLVANIA 

with jurisdiction not exceeding one hundred dollars ; such courts shall be 
held by magistrates whose term of office shall be five years, and they 
shall be elected on general ticket by the qualified voters at large ; and in 
the election of the said magistrates no voter shall vote for more than 
two-thirds of the number of persons to be elected when more than one 
are to be chosen ; they shall be compensated only by fixed salaries, to be 
paid by said county; and shall exercise such jurisdiction, civil and crimi- 
nal, except as herein provided, as is now exercised by aldermen, subject 
to such changes, not involving an increase of civil jurisdiction or confer- 
ring political duties, as may be made by law. In Philadelphia the office 
of alderman is abolished. 

Fees, Fines and Penalties 

Sec. 13. All fees, fines and penalties in said courts shall be paid into 
the county treasury. 

Right of Appeal from Decisions of Courts not of Record 

Sec. 14. In all cases of summary conviction in this Commonwealth, 
or of judgment in suit for a penalty before a magistrate, or court not of 
record, either party may appeal to such court of record as may be pre- 
scribed by law, upon allowance of the appellate court or judge thereof 
upon cause shown. 

Election of Judges — Term of Office — Removal for Cause 

Sec. 15. All judges required to be learned in the law, except the 
judges of the Supreme Court, shall be elected by the qualified electors of 
the respective districts over which they are to preside, and shall hold 
their offices for the period of ten years, if they shall so long behave them- 
selves well ; but for any reasonable cause, which shall not be sufficient 
ground for impeachment, the Governor may remove any of them on the 
address of two-thirds of each House of the General Assembly. 

Voting for Judges of Supreme Court 

Sec. 16. Whenever two judges of the Supreme Court are to be 
chosen for the same term of service each voter shall vote for one only, 
and when three are to be chosen he shall vote for no more than two ; 
candidates highest in vote shall be declared elected. 



CONSTITUTION OF PENNSYLVANIA 141 

Priority of Judges' Commissions 
Sec. 17. Should any two or more judges of the Supreme Court, or 
any two or more judges of the court of Common Pleas for the same dis- 
trict, be elected at the same time, they shall, as soon after the election as 
convenient, cast lots for priority of commission, and certify the result to 
the Governor, who shall issue their commissions in accordance therewith. 

COMPENSATION OF JUDGES 

Sec. 18. The judges of the Supreme Court and the judges of the 
several courts of Common Pleas, and all other judges required to be 
learned in the law, shall at stated times receive for their services an ade- 
quate compensation, which shall be fixed by law, and paid by the State. 
They shall receive no other compensation, fees or perquisites of office for 
their services from any source, nor hold any other office of profit under 
the United States, this State or any other State. 

Residences of Judges 
Sec. 19. The judges of the Supreme Court, during their continuance 
in office, shall reside within this Commonwealth ; and the other judges, 
during their continuance in office, shall reside within the districts for 
which they shall be respectively elected. 

Common Pleas Courts — Chancery Powers of 
Sec. 20. The several courts of Common Pleas, besides the powers 
herein conferred, shall have and exercise within their respective districts, 
subject to such changes as may be made by law, such chancer}' powers 
as are now vested by law in the several courts of Common Pleas of this 
Commonwealth, or as may hereafter be conferred upon them by law. 

Supreme Court — Limitations to Duties and Powers of — Court 
of Nisi Prius Abolished 

Sec. 21. No duties shall be imposed by law upon the Supreme Court 
or any of the judges thereof except such as are judicial, nor shall any of 
the judges thereof exercise any power of appointment except as herein 
provided. The court of Nisi Prius is hereby abolished, and no court of 
original jurisdiction to be presided over by any one or more of the judges 
of the Supreme Court shall be established. 






142 CIVICS OF PENNSYLVANIA 

Orphans' Courts — Auditing of Accounts — Registers' Courts 

Abolished 

Sec. 22. In every county wherein the population shall exceed one 
hundred and fifty thousand the General Assembly shall, and in any other 
county may, establish a separate Orphans' Court to consist of one or 
more judges who shall be learned in the law, which court shall exercise 
all the jurisdiction and powers now vested in or which may hereafter be 
conferred upon the Orphans' courts, and thereupon the jurisdiction of 
the judges of the court of Common Pleas within such county, in Or- 
phans' court proceedings, shall cease and determine. In any county in 
which a separate Orphans' Court shall be established, the register of 
wills shall be clerk of such court and subject to its directions in all mat- 
ters pertaining to his office; he may appoint assistant clerks, but only 
with the consent and approval of said court. All accounts filed with him 
as register or as clerk of the said separate Orphans' Court shall be 
audited by the court without expense to parties, except where all parties 
in interest in a pending proceeding shall nominate an auditor whom the 
court may, in its discretion, appoint. In every county Orphans' courts 
shall possess all the powers and jurisdiction of a Registers' court, and 
separate Registers' courts are hereby abolished. 

Style of Criminal Process — Prosecutions 

Sec. 23. The style of all process shall be "The Commonwealth of 
Pennsylvania." All prosecutions shall be carried on in the name and 
by the authority of the Commonwealth of Pennsylvania, and conclude 
"against the peace and dignity of the same." 

Right of Appeal in Criminal Cases 

Sec 24. In all cases of felonious homicide, and in such other crimi- 
nal cases as may be provided for by law, the accused after conviction and 
sentence may remove the indictment, record and all proceedings to the 
Supreme Court for review. 

Vacancies in Courts of Record — How Filled 

Sec. 25. Any vacancy happening by death, resignation or otherwise, 
in any court of record, shall be filled by appointment by the Governor, to 



CONSTITUTION OF PENNSYLVANIA 143 

continue till the first Monday of January next succeeding the first gen- 
eral election which shall occur three or more months after the happening 
of such vacancy. 

Laws Relating to Courts to be Uniform — Certain Courts not 

to be Created 

Sec. 26. All laws relating to courts shall be general and of uniform 
operation, and the organization, jurisdiction and powers of all courts 
of the same class or grade, so far as regulated by law, and the force and 
effect of the process and judgments of such courts, shall be uniform ; and 
the General Assembly is hereby prohibited from creating other courts 
to exercise the powers vested by this Constitution in the judges of the 
courts of Common Pleas and Orphans' courts. 

Jury Trials may be Di> with in Civil Cases 

Sec. 27. The parties, by agreement filed, may in any civil case dis- 
pense with trial by jury, and submit the decision of such case to the court 
having jurisdiction thereof, and such court shall hear and determine 
the same; and the judgment thereon shall be subject to writ of error as 
in other cases. 

ARTICLE VI 

IMPEACHMENT AND REMOVAL FROM OFFICE 

Power of Impeachment 

Sec. 1. The House of Representatives shall have the sole power of 
impeachment. 

Trials of Impeachment 

Sec. 2. All impeachments shall be tried by the Senate ; when sitting 
for that purpose the Senators shall be upon oath or affirmation; no 
person shall be convicted without the concurrence of two-thirds of the 
members present. 

Who may be Impeached — Judgment — Ciytl Trial 

Sec. 3. The Governor and all other civil officers shall be liable to im- 
peachment for any misdemeanor in office, but judgment in such cases 



144 CIVICS OF PENNSYLVANIA 

shall not extend further than to removal from office and disqualification 
to hold any office of trust or profit under this Commonwealth ; the person 
accused, whether convicted or acquitted, shall nevertheless be liable to 
indictment, trial, judgment and punishment, according to law. 

Public Officers may be Removed for Cause — How Removed 
Sec. 4. All officers shall hold their offices on the condition that they 
behave themselves well while in office, and shall be removed on conviction 
of misbehavior in office or of any infamous crime. Appointed officers, 
other than judges of the courts of record and the Superintendent of 
Public Instruction, may be removed at the pleasure of the power by 
which they shall have been appointed. All officers elected by the people, 
except Governor, Lieutenant Governor, members of the General As- 
sembly and judges of the courts of record learned in the law, shall be 
removed by the Governor for reasonable cause, after due notice and full 
hearing, on the address of two-thirds of the Senate. 

ARTICLE VII 

OATH OF OFFICE 

Official Oaths — How Administered 
Sec. 1. Senators and Representatives and all judicial, state and 
county officers shall, before entering on the duties of their respective 
offices, take and subscribe the following oath or affirmation : 

"I do solemnly swear (or affirm) that I will support, obey and defend 
the Constitution of the United States, and the Constitution of this Com- 
monwealth, and that I will discharge the duties of my office with fidelity ; 
that I have not paid or contributed, or promised to pay or contribute, 
either directly or indirectly, any money or other valuable thing, to pro- 
cure my nomination or election, (or appointment,) except for necessary 
and proper expenses expressly authorized by law ; that I have not know- 
ingly violated any election law of this Commonwealth, or procured it to 
be done by others in my behalf; that I will not knowingly receive, di- 
rectly or indirectly, any money or other valuable thing for the perform- 
ance or non -performance of any act or duty pertaining to my office, 
other than the compensation allowed by law." 



CONSTITUTION OF PENNSYLVANIA 145 

The foregoing oath shall be administered by some person authorized 
to administer oaths, and in case of state officers and judges of the Supreme 
Court, shall be filed in the office of the Secretary of the Commonwealth, 
and in the case of other judicial and county officers, in the office of the 
prothonotary of the county in which the same is taken; any person re- 
fusing to take said oath or affirmation shall forfeit his office; and any 
person who shall be convicted of having sworn or affirmed falsely, or 
of having violated said oath or affirmation, shall be guilty of perjury, and 
be forever disqualified from holding any office of trust or profit within 
this Commonwealth. This oath to the members of the Senate and House 
of Representatives shall be administered by one of the judges of the 
Supreme Court, or of a court of Common Pleas, learned in the law, in 
the hall of the House to which the members shall be elected. 



ARTICLE XIII 

SUFFRAGE AND ELECTIONS 

Qualifications of Electors 

* Sec. 1. Every male citizen twenty-one years of age, possessing the 

* Section 1 of Article S, as given above, is Amendment No. I, as adopted 
by a vote of the people November 5, 1901. The section previously read as 
follows : 

Sec. 1. Every male citizen twenty-one years of age, possessing the follow- 
ing qualifications, shall be entitled to vote at all elections: 

First. He shall have been a citizen of the United States at least one 
month. 

Second. He shall have resided in the State one year, (or if, having 
previously been a qualified elector or native-born citizen of the State, he 
shall have removed therefrom and returned, then six months,) immediately 
preceding the election. 

Third. He shall have resided in the election district where he shall offer 
to vote at least two months immediately preceding the election. 

Fourth. If twenty-two years of age or upwards, he shall have paid 
within two years a State or county tax, which shall have been assessed at 
least two months and paid at least one month before the election. 



146 CIVICS OF PENNSYLVANIA 

following qualifications, shall be entitled to vote at all elections, subject 
however to such laws requiring and regulating the registration of elect- 
ors as the General Assembly may enact: 

i. He shall have been a citizen of the United States at least one 
month. 

2. He shall have resided in the State one year (or, having previously 
been a qualified elector or native born citizen of the State, he shall have 
removed therefrom and returned, then six months), immediately preced- 
ing the election. 

3. He shall have resided in the election district where he shall offer 
to vote at least two months immediately preceding the election. 

4. If twenty-two years of age and upwards, he shall have paid within 
two years a State or county tax, which shall have been assessed at least 
two months and paid at least one month before the election. 

General Elections — When Held 

Sec. 2. The general election shall be held annually on the Tuesday 
next following the first Monday of November, but the General Assembly 
may by law fix a different day, two-thirds of all the members of each 
House consenting thereto. 

Municipal Elections — When Held 

Sec. 3. All elections for city, ward, borough and township officers, 
for regular terms of service, shall be held on the third Tuesday of 
February. 

Elections to be by Ballot or Other Method — Secrecy in 
Voting to be Preserved 

* Sec. 4. All elections by the citizens shall be by ballot or by such 

* Section 4 of Article 8, as given above, is Amendment No. 3 as adopted 
by a vote of the people November 5, 1901. The section previously read as 
follows : 

Sec. 4. All elections by the citizens shall be by ballot. Every ballot 
voted shall be numbered in the order in which it shall be received, and the 
number recorded by the election officers on the list of voters, opposite the 
name of the elector who presents the ballot. Any elector may write his 



CONSTITUTION OF PENNSYLVANIA 147 

other method as may be prescribed by law: Provided, That secrecy in 
voting be preserved. 

Electors Privileged from Arrest 
Sec. 5. Electors shall in all cases except treason, felony and breach 
or surety of the peace, be privileged from arrest during their attendance 
on elections and going to and returning therefrom. 

Privileges of Electors in Actual Military Service 
Sec. 6. Whenever any of the qualified electors of this Commonwealth 
shall be in actual military service, under a requisition from the President 
of the United States, or by the authority of this Commonwealth, such 
electors may exercise the right of suffrage in all elections by the citi,: 
under such regulations as are or shall be prescribed by law, as full 
if they were present at their usual places of election. 

Election* axd Registration' Laws to be Uniform — Registrat 
Laws for Cities may be Enacted 

* Sec. 7. All laws regulating the holding of elections by the citizens 
or for the registration of electors shall be uniform throughout the State, 
but laws regulating and requiring the registration of electors may be 
enacted to apply to cities only: Provided, That such laws be uniform 
for cities of the same class. 

Bribery of Electors — Penalty 
Sec. S. Any person who shall give, or promise or offer to give, to an 
elector, any money, reward or other valuable consideration for his vote 

name upon his ticket or cause the same to be written thereon and attested 
by a citizen of the district. The election officers shall be sworn or affirmed 
not to disclose how any elector shall have voted unless required to do so 
as witnesses in a judicial proceeding. 

t Section 7 of Article S, as given above, is Amendment Xo. 2 as adopted 
by a vote of the people November 5, 1901. The section previously read as 
follows : 

Sec. 7. All laws regulating the holding of elections by the citizens or for 
the registration of electors shall be uniform throughout the State, but no 
elector shall be deprived of the privilege of voting by reason of his name 
not being registered. 



148 CIVICS OF PENNSYLVANIA 

at an election, or for withholding the same, or who shall give or promise 
to give such consideration to any other person or party for such elector's 
vote or for the withholding thereof, and any elector who shall receive 
or agree to receive, for himself or for another, any money, reward or 
other valuable consideration for his vote at an election, or for withhold- 
ing the same shall thereby forfeit the right to vote at such election, and 
any elc ctor whose right to vote shall be challenged for such cause before 
the election officers shall be required to swear or affirm that the matter of 
the challenge is untrue before his vote shall be received. 

Violation or Election Laws — By Candidates and Others — 

Penalties 

Sec. 9. Any person who shall, while a candidate for office, be guilty 
of bribery, fraud, or wilful violation of any election law, shall be forever 
disqualified from holding an office of trust or profit in this Common- 
wealth ; and any person convicted of wilful violation of the election laws 
shall, in addition to any penalties provided by law, be deprived of the 
right of suffrage absolutely for a term of four years. 

Contested Elections — Witnesses Compelled to Testify 

Sec. 10. In trials of contested elections and in proceedings for the 
investigation of elections, no person shall be permitted to withhold his 
testimony upon the ground that it may criminate himself or subject him 
to public infamy; but such testimony shall not afterwards be used 
against him in any judicial proceeding except for perjury in giving such 
testimony. 

Election Districts — Formation of — How Divided 

Sec. 11. Townships, and wards of cities or boroughs, shall form or 
be divided into election districts of compact and contiguous territory, in 
such manner as the court of Quarter Sessions of the city or county in 
which the same are located may direct ; but districts in cities of over one 
hundred thousand inhabitants shall be divided by the courts of Quarter 
Sessions, having jurisdiction therein, whenever at the next preceding 
election more than two hundred and fifty votes shall have been polled 
therein; and other election districts whenever the court of the proper 



CONSTITUTION OF PENNSYLVANIA 149 

county shall be of opinion that the convenience of the electors and the. 
public interests will be promoted thereby. 

Viva Voce Elections — When Used 
Sec. 12. All elections by persons in a representative capacity shall 
be viva voce. 

Residence and Right to Vote of Government Officials and 
Certain Other Electors 

Sec. 13. For the purpose of voting no person shall be deemed to 
have gained a residence by reason of his presence, or lost it by reason of 
his absence, while employed in the service, either civil or military, of this 
State or of the United States, nor while engaged in the navigation of the 
waters of the State or of the United States, or on the high seas, nor 
while a student of any institution of learning, nor while kept in any poor- 
house or other asylum at public expense, nor while confined in public 
prison. 

District Election Boards — Of what Consisting — Privileges 

Sec. 14. District election boards shall consist of a judge and two 
inspectors, who shall be chosen annually by the citizens Each elector 
shall have the right to vote for the judge and one inspector, and each in- 
spector shall appoint one clerk. The first election board for any new 
district shall be selected, and vacancies in election boards filled, as shall 
be provided by law. Election officers shall be privileged from arrest 
upon days of election, and while engaged in making up and transmitting 
returns, except upon warrant of a court of record or judge thereof, for an 
election fraud, for felony, or for wanton breach of the peace. In cities 
they may claim exemption from jury duty during their terms of service. 

Election Officers — Qualifications of — Eligibility to Civil 

Office 

Sec. 15. No person shall be qualified to serve as an election officer 
who shall hold, or shall within two months have held any office, appoint- 
ment or employment in or under the government of the United States or 
of this State, or of any city, or county, or of any municipal board, com- 
mission or trust in any city, save only justices of the peace and alder- 



150 CIVICS OF PENNSYLVANIA 

•men, notaries public and persons in the militia service of the State; nor 
shall any election officer be eligible to any civil office to be filled at an 
election at which he shall serve, save only to such subordinate municipal 
or local offices, below the grade of city or county offices, as shall be desig- 
nated by general law. 

Overseers of Election — How Appointed — Number of — 
Qualifications — Powers of 

Sec. i 6. The courts of Common Pleas of the several counties of the 
Commonwealth shall have power, within their respective jurisdictions, 
to appoint overseers of election to supervise the proceedings .of election 
officers and to make report to the court as may be require^; such ap- 
pointments to be made for any district in a city or county upon petition 
of five citizens, lawful voters of such election district, setting forth that 
such appointment is a reasonable precaution to secure the purity and 
fairness of elections; overseers shall be two in number for an election 
district, shall be residents therein, and shall be persons qualified to serve 
upon election boards, and in each case members of different political par- 
ties ; whenever the members of an election board shall differ in opinion 
the overseers, if they shall be agreed thereon, shall decide the question 
of difference; in appointing overseers of election all the law judges of 
the proper court, able to act at the time, shall concur in the appointments 
made. 

Trial of Contested Elections — To be by Courts of Law — 
Legislature to Pass Laws Regulating 

Sec. 17. The trial and determination of contested elections of elect- 
ors of President and Vice-President, members of the General Assembly, 
and of all public officers, whether state, judicial, municipal or local, 
shall be by the courts of law, or by one or more of the law judges 
thereof; the General Assembly shall, by general law, designate the 
courts and judges by whom the several classes of election contests shall 
be tried, and regulate the manner of trial and all matters incident 
thereto; but no such law assigning jurisdiction, or regulating its exer- 
cise, shall apply to any contest arising out of an election held before its 
passage. 



CONSTITUTION OF PENNSYLVANIA 151 

ARTICLE IX 
TAXATION AND FINANCE 

Uniformity of Taxation — Exemptions Under General Laws 

Sec. 1. All taxes shall be uniform, upon the same class of subjects, 
within the territorial limits of the authority Levying the tax, and shall be 
levied and collected under general laws; but the General Assembly may, 
by general laws, exempt from taxation public property used for public 
purposes, actual places of religious worship, places of burial not used 
or held for private or corporate profit, and institutions of purely public 
charity. 

Exemption from Taxation Restricted 

Sec. 2. All laws exempting property from taxation, other than the 
property above enumerated, shall be void. 

Taxation of Corporations 

Sec. 3. The power to tax corporations and corporate property shall 
not be surrendered or suspended by any contract or grant to which the 
State shall be a party. 

State Debts — Creation of, Restricted 

Sec. 4. No debt shall be created by or on behalf of the State except 
to supply casual deficiencies of revenue, repel invasion, suppress insur- 
rection, defend the State in war, or to pay existing debt ; and the debt 
created to supply deficiencies in revenue shall never exceed, in the aggre- 
gate at any one time, one million of dollars. 

Laws Authorizing State Indebtedness Shall Specify the 

Purpose 

Sec. 5. All laws authorizing the borrowing of money by and on be- 
half of the State, shall specify the purpose for which the money is to be 
used, and the money so borrowed shall be used for the purpose specified 
and no other. 



152 CIVICS OF PENNSYLVANIA 

Pledging of State Credit — Holding of Certain Securities 

Prohibited 

Sec. 6. The credit of the Commonwealth shall not be pledged or 
loaned to any individual, company, corporation or association, nor shall 
the Commonwealth become a joint-owner or stockholder in any com- 
pany, association or corporation. 

Municipalities not to become Stockholders in Corpora- 
tions, &c. 

Sec 7. The General Assembly shall not authorize any county, city, 
borough, township or incorporated district to become a stockholder in 
any company, association or corporation, or to obtain or appropriate 
money for, or to loan its credit to, any corporation, association, institution 
or individual. 

Municipal Debt, Amount of, Limited 

Sec 8. The debt of any county, city, borough, township, school dis- 
trict or other municipality or incorporated district, except as herein pro- 
vided, shall never exceed seven per centum upon the assessed value of the 
taxable property therein, nor shall any such municipality or district incur 
any new debt, or increase its indebtedness to an amount exceeding two 
per centum upon such assessed valuation of property, without the assent 
of the electors thereof at a public election in such manner as shall be pro- 
vided by laws; but any city, the debt of which now exceeds seven per 
centum cf such assessed valuation, may be authorized by law to increase 
the same three per centum, in the aggregate at any one time, upon such 
valuation. 

State not to Assume Municipal Debts — Exceptions 

Sec 9. The Commonwealth shall not assume the debt, or any part 
thereof, of any city, county, borough or township, unless such debt shall 
have been contracted to enable the State to repel invasion, suppress 
domestic insurrection, defend itself in time of war, or to assist the State 
in the discharge of any portion of its present indebtedness. 



CONSTITUTION OF PENNSYLVANIA 153 

Municipalities Incurring Indebtedness must Provide for Pay- 
ment by Annual Tax 

Sec. 10. Any county, township, school district or other municipality, 
incurring any indebtedness shall, at or before the time of so doing, pro- 
vide for the collection of an annual tax sufficient to pay the interest and 
also the principal thereof within thirty years. 

State Sinking Fund — Of what Consisting — To be Increased — 

How Expended 

Sec. 11. To provide for the payment of the present State debt, and 
any additional debt contracted as aforesaid, the General Assembly shall 
continue and maintain the sinking fund, sufficient to pay the accruing in- 
terest on such debt, and annually to reduce the principal thereof by a 
sum not less than two hundred and fifty thousand dollars; the said 
sinking fund shall consist of the proceeds of the sales of the public works 
or any part thereof, and of the income or proceeds of the sale of any 
stocks owned by the Commonwealth, together with other funds and re- 
sources that may be designated by law, and shall be increased from time 
to time by assigning to it any part of the taxes or other revenues of the 
State not required for the ordinary and current expenses of government; 
and unless in case of war, invasion or insurrection, no part of the said 
sinking fund shall be used or applied otherwise than in the extinguish- 
ment of the public debt. 

Surplus Funds Applied to State Indebtedness — Sinking Fund 

Investments 

Sec. 12. The moneys of the State, over and above the necessary 
reserve, shall be used in the payment of the debt of the State, either 
directly or through the sinking fund, and the moneys of the sinking 
fund shall never be invested in or loaned upon the security of any- 
thing, except the bonds of the United States, or of this State. 

Reserve Funds Limited — Monthly Statements to be Published 

Sec. 13. The moneys held as necessary reserve shall be limited by 
law to the amount required for current expenses, and shall be secured 
and kept as may be provided by law. Monthly statements shall be 



154 CIVICS OF PENNSYLVANIA 

published showing the amount of such moneys, where the same are 
deposited, and how secured. 

Misuse of Public Moneys — Penalty For 
Sec. 14. The making of profit out of the public moneys, or using the 
same for any purpose not authorized by law by any officer of the State , 
or member or officer of the General Assembly, shall be a misdemeanor 
and shall be punished as may be provided by law, but part of such 
punishment shall be disqualification to hold office for a period of not less 
than five years. 

ARTICLE X 
EDUCATION 

Public Schools Provided for 
Sec. 1. The General Assembly shall provide for the maintenance and 
support of a thorough and efficient system of public schools, wherein all 
the children of this Commonwealth above the age of six years may be 
educated, and shall appropriate at least one million dollars each year for 
that purpose. 

Sectarian Schools not to Receive Public School Money 
Sec. 2. No money raised for the support of the public schools of the 

Commonwealth shall be appropriated to or used for the support of any 

sectarian school. 

Females Eligible as School Officers 

Sec. 3. Women twenty-one years of age and upwards shall be 
eligible to any office of control or management under the school laws 
of this State. 

ARTICLE XI 

Militia to be Organized — Maintenance — Exemption from 
Military Service 

Sec. 1. The freemen of this Commonwealth shall be armed, organ- 
ized and disciplined for its defence when and in such manner as may be 
directed by law. The General Assembly shall provide for maintaining 



CONSTITUTION OF PENNSYLVANIA 155 

the militia by appropriations from the treasury of the Commonwealth, 
and may exempt from military service persons having conseiemious 
scruples against bearing arms. 

ARTICLE XII 

PUBLIC OFFICERS 

Selection of Officers not Otherwise Provided for in 
Constitution 

Sec. 1. All officers, whose selection is not provided for in this Con- 
stitution, shall be elected or appointed as may be directed by law. 

United States Officers Cannot Hold Remunerative State 
Offices — Incompatible Offices 

Sec. 2. No member of Congress from this State, Dor any person 
holding or exercising any office or appointment of trust or profit under 
the United States, shall at the same time hold or exercise any office in 
this State to which a salary, fees or perquisites shall be attached. The 
General Assembly may by law declare what offices are incompatible. 

Dueling Disqualifies from Holding Office— Furthi 

PtfNISHMENT 

Sec. 3. Any person who shall fight a duel or send a challenge for that 
purpose, or be aider or abettor in fighting a duel, shall be deprived of the 
right of holding any o\T\cc of honor or profit in this Slate, and may be 
otherwise punished as shall be prescribed by law. 

ARTICLE XIII 

New Counties — Restrictions in Forming 

Sec. 1. No new county shall be established which shall reduce any 
county to less than four hundred square miles, or to less than twenty 
thousand inhabitants; nor shall any county be formed of less area, or 
containing a less population ; nor shall any line thereof pass within ten 
miles of the county seat of any county proposed to be divided. 



156 CIVICS OF PENNSYLVANIA 

ARTICLE XIV 

COUNTY OFFICERS 

County Officers Enumerated — Sheriff and Treasurer 
Ineligible to Succeed Themselves 

Sec. 1. County officers shall consist of sheriffs, coroners, prothono- 
taries, registers of wills, recorders of deeds, commissioners, treasurers, 
surveyors, auditors or controllers, clerks of the courts, district attorneys 
and such others as may from time to time be established by law; and 
no sheriff or treasurer shall be eligible for the term next succeeding the 
one for which he may be elected. 

Election of County Officers — Terms — Vacancies 

Sec. 2. County officers shall be elected at the general elections and 
shall hold their offices for the term of three years, beginning on the first 
Monday of January next after their election, and until their successors 
shall be duly qualified ; all vacancies not otherwise provided for, shall be 
filled in such manner as may be provided by law. 

One Year's Residence Necessary to Qualify for Appointment 
to a County Office 

Sec. 3. No person shall be appointed to any office within any county, 
who shall not have been a citizen and an inhabitant therein one year 
next before his appointment, if the county shall have been so long 
erected, but if it shall not have been so long erected, then within the 
limits of the county or counties out of which it shall have been- taken. 

County Seat — Certain Offices to be Located at 

Sec. 4. Prothonotaries, clerks of the courts, recorders of deeds, regis- 
ters of wills, county surveyors and sheriffs, shall keep their offices in the 
county town of the county in which they respectively shall be officers. 

Compensation of County Officers — Those Salaried not to 

Retain Fees 

Sec. 5. The compensation of county officers shall be regulated by 
law, and all county officers who are or may be salaried shall pay all fees 



CONSTITUTION OF PENNSYLVANIA 157 

which they may be authorized to receive, into the treasury of the county 
or State, as may be directed by law. In counties containing over one 
hundred and fifty thousand inhabitants all county officers shall be paid 
by salary, and the salary of any such officer and his clerks, heretofore 
paid by fees, shall not exceed the aggregate amount of fees earned during 
his term and collected by or for him. 

Accountability of County, Township and Borough Officers for 

Public NIoni 

Sec. 6. The General Assembly shall provide by law for the strict 
accountability of all county, township and borough officers, as well for 
the fees which may be collected by them, as for all public or municipal 
moneys which may be paid to them. 

Election of County Commissioners and Auditors — Vacancies — 

How Filled 

Sec. 7. Three county commissioners and three county auditors shall 
be elected in each county where such officers are chosen, in the year one 
thousand eight hundred and seventy-five and every third year there- 
after; and in the election of said officers each qualified elector shall vote 
for no more than two persons, and the three persons having the highest 
number of votes shall be elected; any casual vacancy in the office of 
county commissioner or county auditor shall be filled, by the court of 
Common Pleas of the county in which such vacancy shall occur, by the 
appointment of an elector of the proper county who shall have voted 
for the commissioner or auditor whose place is to be filled. 

ARTICLE XV 

CITIES AND CITY CHARTERS 

When Cities May be Chartered 

Sec. 1. Cities may be chartered whenever a majority of the electors 
of any town or borough having a population of at least ten thousand 
shall vote at any general election in favor of the same. 



158 CIVICS OF PENNSYLVANIA 

Municipal Commissions — Contracting of Debts by 
Sec. 2. No debt shall be contracted or liability incurred by any 
municipal commission, except in pursuance of an appropriation pre- 
viously made therefor by the municipal government. 

City Sinking Funds 

Sec. 3. Every city shall create a sinking fund, which shall be in- 
violably pledged for the payment of its funded debt. 

ARTICLE XVI 
PRIVATE CORPORATIONS 

Certain Charters to be Void 

Sec. 1. All existing charters, or grants of special or exclusive privi- 
leges, under which a bona fide organization shall not have taken place 
and business been commenced in good faith, at the time of the adoption 
of this Constitution, shall thereafter have no validity. 

Corporate Privileges not to be Increased — Exception 

Sec. 2. The General Assembly shall not remit the forfeiture of the 
charter of any corporation now existing, or alter or amend the same, 
or pass any other general or special law for the benefit of such corpora- 
tion, except upon the condition that such corporation shall thereafter 
hold its charter subject to the provisions of this Constitution. 

State's Right op Eminent Domain and Police Power to be 

Supreme 

Sec. 3. The exercise of the right of eminent domain shall never be 
abridged or so construed as to prevent the General Assembly from tak- 
ing the property and franchises of incorporated companies, and subjecting 
them to public use, the same as the property of individuals; and the 
exercise of the police power of the State shall never be abridged or so 
construed as to permit corporations to conduct their business in such 
manner as to infringe the equal rights of individuals or the general well- 
being of the State. 



CONSTITUTION OF PENNSYLVANIA 159 

Cumulative Voting Permitted ix Corporation Elections 

Sec. 4. In all elections for directors or managers of a corporation 
each member or shareholder may cast the whole number of his votes for 
one candidate, or distribute them upon two or more candidates, as he 
may prefer. 

Foreign Corporations — Regulations Concerning 

Sec. 5. No foreign corporation shall do any business in this State 
without having one or more known places of business and an author- 
ized agent or agents in the same upon whom process may be served. 

Corporations — Scope of Business Limited — Holding of Real 

Estate 

Sec 6. No corporation shall engage in any business other than that 
expressly authorized in its charter, nor shall it take or hold any real 
estate except such as may be necessary and proper for its legitimate 
business. 

Corporate Stocks and Bonds — Increase or Stock and 
Indebtedn e ss — Reg dlate d 

Sec 7. Xo corporation shall issue stocks or bonds except for money, 
labor done, or money or property actually received; and all fictitious 
increase of stock or indebtedness shall be void. The stock and indebted- 
ness of corporations shall not be increased except in pursuance of general 
law, nor without the consent of the persons holding the larger amount in 
value of the stock, first obtained at a meeting to be held after sixty 
days' notice given in pursuance of law. 

Compensation eor Property Taken or Affected Under Rigftt 
of Eminent Domain — Appeals 

Sec 8. Municipal and other corporations and individuals invested 
with the privilege of taking private property for public use shall make 
just compensation for property taken, injured or destroyed by the con- 
struction or enlargement of their works, highways or improvements, 
which compensation shall be paid or secured before such taking, injury 
or destruction. The General Assembly is hereby prohibited from de- 
priving any person of an appeal from any preliminary assessment of 



160 CIVICS OF PENNSYLVANIA 

damages against any such corporations or individuals made by viewers 
or otherwise ; and the amount of such damages in all cases of appeal shall 
on the demand of either party be determined by a jury according to the 
course of the common law. 

State Banking Laws — Requirements 

Sec. 9. Every banking law shall provide for the registry and counter- 
signing, by an officer of the State, of all notes or bills designed for cir- 
culation, and that ample security to the full amount thereof shall be 
deposited with the Auditor General for the redemption of such notes or 
bills. 

Alterations and Revocation of Charters — No Law shall 
Create, Renew or Extend More than One Charter 

Sec. 10. The General Assembly shall have the power to alter, re- 
voke or annul any charter of incorporation now existing and revocable at 
the adoption of this Constitution, or any that may hereafter be created, 
whenever in their opinion it may be injurious to the citizens of this Com- 
monwealth, in such manner, however, that no injustice shall be done 
to the corporators. No law hereafter enacted shall create, renew or 
extend the charter of more than one corporation. 

Public Notice Required of Application for Banking Powers — 
Duration of Charter 

Sec. 11. No corporate body to possess banking and discounting privi- 
leges shall be created or organized in pursuance of any law without 
three months' previous public notice, at the place of the intended loca- 
tion, of the intention to apply for such privileges, in such manner as 
shall be prescribed by law, nor shall a charter for such privilege be 
granted for a longer period than twenty years. 

Right to Construct Telegraph Lines — Consolidation of 
Competing Lines Prohibited 

Sec. 12. Any association or corporation organized for the purpose, 
or any individual, shall have the right to construct and maintain lines of 



CONSTITUTION' OF PENNSYLVANIA 161 

telegraph within this State, and to connect the same with other lines, 
and the General Assembly shall, by general law of uniform operation 
provide reasonable regulations to give full effect to this section. \o 
telegraph company shall consolidate with, or hold a controlling interest 
in the stock or bonds of, any other telegraph company owning a compet- 
ing line, or acquire, by purchase or otherwise, any other competing line 
of telegraph. 

Joint-Stock Companies or Associations Treated as Corporations 

Sec. 13. The term " corporations," as used in this article, shall be 
construed to include all joint-stock companies or associations having any 
of the powers or privileges of corporations not possessed by individuals 
or partnerships. 

ARTICLE XVn 

RAILROADS AND CANALS 

To be Public Highways and Common Carriers — Rights and 
Duties of Railroad Companies 

Sec. 1. All railroads and canals shall be public highways, and all 
railroad and canal companies shall be common carriers. Any associa- 
tion or corporation organized for the purpose shall have the right to con- 
struct and operate a railroad between any points within this State, and to 
connect at the State line with railroads of other States. Every railroad 
company shall have the right with its road to intersect, connect with or 
cross any other railroad; and shall receive and transport each the other's 
passengers, tonnage, and cars loaded or empty, without delay or dis- 
crimination. 

Companies Organized in this State to Maintain Offices and 
Stock Books Therein 

Sec. 2. Every railroad and canal corporation organized in this State 
shall maintain an office therein where transfers of its stock shall be 
made, and where its books shall be kept for inspection by any stock- 
holder or creditor of such corporation, in which shall be recorded the 
amount of capital stock subscribed or paid in, and by whom, the names 



1 62 CIVICS OF PENNSYLVANIA 

of the owners of its stock and the amounts owned by them, respectively, 
the transfers of said stock, and the names and places of residence of its 
oilicers. 

Transportation of Persons and Property — Undue Discrimina- 
tion Prohibited — Special Rate Tickets 

Sec. 3. All individuals, associations and corporations shall have 
equal right to have persons and property transported over railroads and 
canals, and no undue or unreasonable discrimination shall be made in 
charges for, or in facilities for, transportation of freight or passengers 
within the State or coming from or going to any other State. Persons 
and property transported over any railroad shall be delivered at any 
station at charges not exceeding the charges for transportation of per- 
sons and property of the same class in the same direction to any more 
distant station; but excursion and commutation tickets may be issued 
at special rates. 

Parallel or Competing Lines not to be Consolidated — Officers 
of, Restricted — Juries to Decide Whether Companies Are 

Sec. 4. No railroad, canal or other corporation, or the lessees, pur- 
chasers or managers of any railroad or canal corporation, shall consoli- 
date the stock, property or franchises of such corporation with, or lease, 
or purchase the works or franchises of, or in any way control any other 
railroad or canal corporation owning or having under its control a par- 
allel or competing line; nor shall any officer of such railroad or canal 
corporation act as an officer of any other railroad or canal corporation 
owning or having the control of a parallel or competing line; and the 
question whether railroads or canals are parallel or competing lines shall, 
when demanded by the party complainant, be decided by a jury as in 
other civil issues. 

Powers of Incorporated Common Carriers Limited — Privileges 
of Mining and Manufacturing Companies 

Sec. 5. No incorporated company doing the business of a common 
carrier shall, directly or indirectly, prosecute or engage in mining or 
manufacturing articles for transportation over its works ; nor shall such 



CONSTITUTION OF PENNSYLVANIA 163 

company, directly or indirectly, engage in any other business than that 
of common carriers, or hold or acquire lands, freehold or leasehold, 
directly or indirectly, except such as shall be necessary for carrying on 
its business; but any mining or manufacturing company may carry the 
products of its mines and manufactories on its railroad or canal not 
exceeding fifty miles in length. 

Officers axd Employes not to be Interested in Company's 

Contracts or Transportation Busd 

Sec. 6. No president, director, officer, agent or employe of any rail- 
road or canal company shall be interested, directly or indirectly, in the 
furnishing of material or supplies to such company, or in the busil 
of transportation as a common carrier of freight or passengers over the 
works owned, leased, controlled or worked by such company. 

Discriminations and Preferences in Charges and Facilities 

Forbidden 

Sec. 7. No discrimination in charges or facilities for transportation 
shall be made between transportation companies and individual.-, or in 
favor of either, by abatement, drawback or otherwise, and no railroad 
or canal company, or any lessee, manager or employe thereof, shall 
make any preferences in furnishing cars or motive power. 

Granting of Passes Limited 
Sec. 8. No railroad, railway or other transportation company shall 
grant free passes, or passes at a discount, to any person except officers 
or employe of the company. 

Consent of Local Authorities Necessary for Construction of 
Street Railways 

Sec. 9. No street passenger railway shall be constructed within the 
limits of any city, borough or township, without the consent of its local 
authorities. 

Acceptance of this Article necessary for Future Legislation- 
Sec. 10. No railroad, canal or other transportation company, in exist- 
ence at the time of the adoption of this article, shall have the benefit 



164 CIVICS OF PENNSYLVANIA 

of any future legislation by general or special laws, except on condition 
of complete acceptance of all the provisions of this article. 

Powers and Duties of Secretary of Internal Affairs in Regard 
to Transportation Companies 

Sec. ii. The existing powers and duties of the Auditor General in 
regard to railroads, canals and other transportation companies, except as 
to their accounts, are hereby transferred to the Secretary of Internal Af- 
fairs, who shall have a general supervision over them, subject to such 
regulations and alterations as shall be provided by law ; and, in addition 
to the annual reports now required to be made, said Secretary may re- 
quire special reports at any time upon any subject relating to the busi- 
ness of said companies from any officer or officers thereof. 

General Assembly to Enforce Provisions of this Article 

Sec. 12. The General Assembly shall enforce by appropriate legis- 
lation the provisions of this article. 

ARTICLE XVIII 

FUTURE AMENDMENTS 

Amendments to Constitution — How Made 

Sec. i. Any amendment or amendments to this Constitution may 
be proposed in the Senate or House of Representatives, and, if the same 
shall be agreed to by a majority of the members elected to each house, 
such proposed amendment or amendments shall be entered on their 
journals with the yeas and nays taken thereon, and the Secretary of the 
Commonwealth shall cause the same to be published three months before 
the next general election, in at least two newspapers in every county in 
which such newspapers shall be published; and if, in the General Assem- 
bly next afterwards chosen, such proposed amendment or amendments 
shall be agreed to by a majority of the members elected to each House, 
the Secretary of the Commonwealth shall cause the same again to be 
published in the manner aforesaid; and such proposed amendment or 
amendments shall be submitted to the qualified electors of the State in 



CONSTITUTE PENNSYLVANIA 165 

such manner, and at such time at least three months after being so 
agreed to by the two houses, as the General Assembly shall prescribe; 
and, if such amendment or amendments shall be approved by a majority 
of those voting thereon, such amendment or amendments shall become a 
part of the Constitution; but no amendment or amendments shall be 
submitted oftener than once in five years. When two or more amend- 
ments shall be submitted they shall be voted upon separate 

SCHEDULE 

When Constitution Shall Take Efffxt 

That no inconvenience may arise from the changes in the Constitution 
of the Commonwealth, and in order to cam' the same into complete 
operation, it is hereby declared, that : 

Sec. 1. This Constitution shall take effect on the first day of Janu- 
ary, in the year one thousand eight hundred and seventy-four, for all 
purposes not otherwise provided for therein. 

What Laws, Rights, &c, to Remain in Eorce 

Sec. 2. All laws in force in this Commonwealth at the time of the 
adoption of this Constitution and not inconsistent therewith, and all 
rights, actions, prosecutions and contracts -hall continue as if this Con- 
stitution had not been adopted. 

Election- of Senators in 1S74 and 

Sec. 3. At the general election in the years one thousand eight hun- 
dred and seventy-four and one thousand eight hundred and seventy-five 
Senators shall be elected in all districts where there shall be vacancies. 
Those elected in the year one thousand eight hundred and seventy-four 
shall serve for two years, and those elected in the year one thousand 
eight hundred and seventy-live shall serve for one year. Senators now 
elected and those whose terms are unexpired shall represent the districts 
in which they reside until the end of the terms for which they were 
elected. 

Election of Senators in 1S76 

Sec. 4. At the general election in the year one thousand eight 
hundred and seventv-six, Senators shall be elected from even numbered 



166 CIVICS OF PENNSYLVANIA 

districts to serve for two years, and from odd numbered districts to 
serve for four years. 

Election of Governor in 1875 and 1878 
Sec. 5. The first election of Governor under this Constitution shall 
be at the general election in the year one thousand eight hundred and sev- 
enty-five, when a Governor shall be elected for three years, and the term 
of the Governor elected in the year one thousand eight hundred and 
seventy-eight and of those thereafter elected shall be for four years, 
according to the provisions of this Constitution. 

Election of Lieutenant Governor in 1874 
Sec. 6. At the general election in the year one thousand eight hun- 
dred and seventy-four a Lieutenant Governor shall be elected according 
to the provisions of this Constitution. 

Election of Secretary of Internal Affairs — Office of Sur- 
veyor General Abolished 

Sec 7. The Secretary of Internal Affairs shall be elected at the first 
general election after the adoption of this Constitution, and, when the 
said officer shall be duly elected and qualified, the office of Surveyor 
General shall be abolished. The Surveyor General in office at the time 
of the adoption of this Constitution shall continue in office until the 
expiration of the term for which he was elected. 

Office of Superintendent of Common Schools Abolished 

Sec 8. When the Superintendent of Public Instruction shall be duly 
qualified the office of Superintendent of Common Schools shall cease. 

Eligibility to Re-election of Present State Officers 

Sec 9. Nothing contained in this Constitution shall be construed to 
render any person now holding any State office for a first official term 
ineligible for re-election at the end of such term. 

Judges of Supreme Court — Expiration of Terms — Additional 
Judges to be Elected 

Sec 10. The judges of the Supreme Court in office when this Con- 
stitution shall take effect shall continue until their commissions severally 



CONSTITUTION OF PENNSYLVANIA 

expire. Two judges in addition to the number now composing the said 
court, shall be elected at the first general election after the adoption of 
this Constitution. 

Certain Courts Abolished ox Dec. i, 1875 — Court of First 

Criminal Jurisdiction for Counties of Schuylkill, 

Lebanon and Dauphin Abolished 

Sec. 11. All courts of record and all existing courts which are not 
specified in this Constitution shall continue in existence until the first day 
of December, in the year one thousand eight hundred and seventy-five, 
without abridgment of their present jurisdiction, but no longer. The 
Court of First Criminal Jurisdiction for the counties of Schuylkill, Leba- 
non and Dauphin is hereby abolished, and all causes and procee <: 
pending therein in the county of Schuylkill shall be tried and disposed of 
in the courts of Oyer and Terminer and Quarter Sessions of the Peace of 
said county. 

Registers' Courts Abolished 

Sec 12. The :n existence shall be abolished on 

the first day of January next succeeding the adoption of this Constitution. 

When Judicial Districts to be Designated — Assignment of 
Judges to Dist? 

Sec. 13. The General Assembly shall, at the next session after the 
adoption of this Constitution, designate the several judicial distric 
required by this Constitution. The judges in commission when 
such designation shall be made shall continue during their unexpired 
terms judges of the new districts in which they reside; but, when there 
shall be two judges residing in the same district, the President Judge 
shall elect to which district he shall be assigned and the additional 
judge shall be assigned to the other district. 

How Often Judicial Districts shall be Designated 

Sec. 14. The General Assembly shall, at the next succeed: 
after each decennial census and not oftener, designate the several judicial 
districts as required by this Constitution. 



168 CIVICS OF PENNSYLVANIA 

Expiration of Terms of Certain Judges — Judge of Common 
Pleas Court of Schuylkill County 
Sec. 15. Judges, learned in the law, of any court of record holding 
commissions in force at the adoption of this Constitution shall hold their 
respective offices until the expiration of the terms for which they were 
commissioned, and until their successors shall be duly qualified. The 
Governor shall commission the President Judge of the Court of First 
Criminal Jurisdiction for the counties of Schuylkill, Lebanon and Dau- 
phin as a judge, of the Court of Common Pleas of Schuylkill county, 
for the unexpired term of his office. 

Who shall Become President Judges — Terms of Associate 

Judges 

Sec. 16. After the expiration of the term of any President Judge of any 
court of Common Pleas in commission at the adoption of this Constitu- 
tion, the judge of such court learned in the law and oldest in commission 
shall be the President Judge thereof, and when two or more judges are 
elected at the same time in any judicial district they shall decide by lot 
which shall be President Judge ; but when the President Judge of a court 
shall be re-elected he shall continue to be President Judge of that court. 
Associate judges, not learned in the law, elected after the adoption of 
this Constitution, shall be commissioned to hold their offices for the term 
of five years from the first day of January next after their election. 

Fixing Compensation of Judges 
Sec. 17. The General Assembly, at the first session after the adoption 
of this Constitution, shall fix and determine the compensation of the judges 
of the Supreme Court and of the judges of the several judicial districts of 
the Commonwealth, and the provisions of the fifteenth section of the 
article on Legislation shall not be deemed inconsistent herewith. Noth- 
ing contained in this Constitution shall be held to reduce the compensa- 
tion now paid to any law judge of this Commonwealth now in commission. 

Common Pleas Courts in Philadelphia and Allegheny Counties 
— Organization of, in Philadelphia 

Sec. 18. The courts of Common Pleas in the counties of Philadel- 
phia and Allegheny shall be composed of the present judges of the Dis- 



CONSTITUTION OF PENNSYLVANIA 169 

Irict Court and court of Common Picas of said counties until their offices 
shall severally end, and of such other judges as may from time to time be 
selected. For the purpose of first organization in Philadelphia the ju< I 
of the court number one shall be Judges Allison, Pierce and Paxson; of 
the court number two Judges Hare, Mitchell and one other judge to be 
elected; of the court number three Judges Ludlow, Finletter and Lvnd; 
and of the court number four Judges Thayer, Briggs and one other judge 
to be elected. The judge first named shall be the President Judge of 
said courts respectively, and thereafter the President Judge shall be the 
judge oldest in commission; but any President Judge, re-elected in the 
same court or district, shall continue to be President Judge thereof. 
The additional judges for courts number two and four shall be voted for 
and elected at the first general election after the adoption of this Consti- 
tution, in the same manner as the two additional judges of the Supreme 
Court, and they shall decide by lot to which court they shall belong. 
Their term of office shall commence on the first Monday of January, in 
the year one thousand eight hundred and seventy-five. 

Organization of Common Pleas Courts ix Allegheny County 

Sec. 19. In the county of Allegheny, for the purpose of first organiza- 
tion under this Constitution, the judges of the court of Common Pi 
at the time of the adoption of this Constitution, shall be the judges of the 
court number one, and the judges oi the District Court, at the same date, 
shall be the judges of the Common Pleas number two. The President 
Judges of the Common Pleas and District Court shall be President Judge 
of said courts numbers one and two, respectively, until their offices shall 
end; and thereafter the judge oldest in commission shall be President 
Judge; but any President Judge re-elected in the same court, or district, 
shall continue to be President Judge thereof. 

When Organization of Common Pleas Courts ix Philadelphia 
and Allegheny Counties shall Take Effect 

Sec. 20. The organization of the courts of Common Pleas under this 
Constitution for the counties of Philadelphia and Allegheny shall take 
effect on the first Monday of January, one thousand eight hundred and 
seventy-five, and existing courts in said counties shall continue with 



i;o CIVICS OF PENNSYLVANIA 

their present powers and jurisdiction until that date, but no new suits 
shall be instituted in the courts of Nisi Prius after the adoption of this 
Constitution. 

Trial and Disposition of Causes and Transfer of Records in 
Philadelphia County 

Sec. 21. The causes and proceedings pending in the court of Nisi 
Prius court of Common Pleas, and District Court in Philadelphia shall 
be tried and disposed of in the court of Common Pleas. The records and 
dockets of said courts shall be transferred to the prothonotary's office of 
said county. 

Trial and Disposition of Causes in Allegheny County 

Sec. 22. The causes and proceedings pending in the court of Common 
Pleas in the county of Allegheny shall be tried and disposed of in the 
court number one ; and the causes and proceedings pending in the Dis- 
trict Court shall be tried and disposed of in the court number two. 

Appointment of Prothonotary in Philadelphia — Clerk of 
Quarter Sessions 

Sec. 23. The Prothonotary of the court of Common Pleas of Phila- 
delphia shall be first appointed by the judges of said court on the first 
Monday of December, in the year one thousand eight hundred and sev- 
enty-five, and the present Prothonotary of the District Court in said county 
shall be the Prothonotary of the said court of Common Pleas until said 
date when his commission shall expire, and the present Clerk of the 
court of Oyer and Terminer and Quarter Sessions of the Peace in Phila- 
delphia shall be the Clerk of such court until the expiration of his present 
commission on the first Monday of December, in the year one thousand 
eight hundred and seventy -five. 

Aldermen in Cities other than Philadelphia Containing over 
Fifty Thousand Inhabitants 

Sec. 24. In cities containing over fifty thousand inhabitants, except 
Philadelphia, all aldermen in office at the time of the adoption of this 
Constitution shall continue in office until the expiration of their com- 
missions, and at the election for city and ward officers in the year one 



CONSTITUTION OF PENNSYLVANIA 171 

thousand eight hundred and seventy-five one alderman shall be elected 
in each ward as provided in this Constitution. 

Magistrates to Succeed Aldermen in Philadelphia 
Sec. 25. In Philadelphia magistrates in lieu of aldermen shall be 
chosen, as required in this Constitution, at the election in said city for 
city and ward officers in the year one thousand eight hundred and sev- 
enty-five; their term of office shall commence on the first Monday of 
April succeeding their election. The terms of office of aldermen in said 
city holding or entitled to commissions at the time of the adoption of this 
Constitution shall not be affected thereby. 

Expiration of Term of Present Officers 
Sec. 26. All persons in office in this Commonwealth at the time of 
the adoption of this Constitution, and at the first election under it, shall 
hold their respective offices until the term for which they have been elected 
or appointed shall expire, and until their successors shall be duly quali- 
fied, unless otherwise provided in this Constitution. 

Administration of Oath of Office 
Sec. 27. The seventh article of this Constitution prescribing an oath 
of office shall take effect on and after the first day of January, one thou- 
sand eight hundred and seventy-five. 

Expiration of Terms of Present County Commissioners and 

Auditors 

Sec. 28. The terms of office of County Commissioners and County 
Auditors, chosen prior to the year one thousand eight hundred and 
seventy-five, which shall not have expired before the first Monday of 
January in the year one thousand eight hundred and seventy-six, shall 
expire on that day. 

Compensation of Present Officers may Include Fees 

Sec. 29. All state, county, city, ward, borough and township officers 
in office at the time of the adoption of this Constitution, whose compen- 
sation is not provided for by salaries alone, shall continue to receive the 
compensation allowed them by law until the expiration of their respective 
terms of office. 



172 CIVICS OF PENNSYLVANIA 

State and Judicial Officers now in Office to take Oath 
to Support this Constitution 

Sec. 30. All state and judicial officers heretofore elected, sworn, 
affirmed, or in office when this Constitution shall take effect, shall 
severally, within one month after such adoption, take and subscribe an 
oath, or affirmation, to support this Constitution. 

General Assembly to Pass Laws Necessary to Enforce 
Constitution 

Sec 31. The General Assembly at its first session, or as soon as may 
be after the adoption of this Constitution, shall pass such laws as may be 
necessary to carry the same into full force and effect. 

Ordinance Submitting Constitution to Vote of Electors 
Declared Valid 

Sec. 32. The ordinance passed by this Convention entitled "An 
Ordinance for submitting the amended Constitution of Pennsylvania to 
a vote of the electors thereof" shall be held to be valid for all the purposes 
thereof. 

The Term "County Commissioners'' to Include the Phila- 
delphia Commissioners 

Sec ^. The words "County Commissioners," wherever used in 
this Constitution and in any ordinance accompanying the same, shall be 
held to include the Commissioners for the City of Philadelphia. 

Date of Adoption by the Constitutional Convention — Signers 

Adopted at Philadelphia, on the third day of November, in the year 
of our Lord one thousand eight hundred and seventy-three. 

JOHN H. WALKER, 

President. 
D. L. IMBRIE, 
Ch. Clerk. 

GEORGE A. ACHENBACH, G. W. ANDREWS, 

JOHN E. ADDICKS, WM. H. ARMSTRONG, 

WM. H. AINEY, WM. J. BAER, 

HAMILTON ALRICKS, JOSEPH BAILY, Perry Co., 



CONSTITUTION OF PENNSYLVANIA 



m 



JNO. M. BAILEY, 
WILLIAM D. BAKER, 
THOS. B. B ANNAN, 
GEO. G. BARCLAY, 
JOHN BARDSLEY, 
JAMES P. BARR, 
LIN. BARTHOLOMEW, 
M. C. BEEBE, 
WM. BIGLER, 
C. A. BLACK, 
CHAS. O. BOWMAN, 
CHARLES BRODHEAD, 
J. M. BROOMALL, 
R. BROWN, 
C. R. BUCKALEW, 
JOHN C. BULLITT, 
SAML. CALVIN, 
JOHN H. CAMPBELL, 
HENRY C. CAREY, 
LEWIS C. CASSIDY, 
PEARSON CHURCH, 
SILAS M. CLARK, 
THOS. E. COCHRAN, 
WM. L. CORBETT, 
GEORGE N. CORSON, 
JNO. P. CRONMILLER, 
JAMES W. CURRY, 
A. G. CURTIN, 
THEO. CUYLER, 
GEO. M. DALLAS, 
WM. DARLINGTON, 
WM. DAVIS, 
R. M. dc FRANCE, 
S. C. T. DODD, 
A. B. DUNNING, 
MATTHEW EDWARDS, 
M. F. ELLIOTT, 
JAS. ELLIS, 
THOS. EWING, 
A. C. FINNEY, 
A. M. FULTON, 
JOSIAH FUNCK, 
JOHN GIBSON, 
JOHN GILPIN, 
HENRY GREEN, 
J. B. GUTHRIE, 
JNO. G. HALL, 
WILLIAM B. HANNA, 
EDWARD HARVEY, 
MALCOLM HAY, 



T. R. HAZZARD, 
JOS. HEMPHILL, 
JAMES H. HEVERIN, 
GEO. F. HORTOX, 
THOS. HOWARD, 
CHAS. HUXSICKER, 

D. KAIXE, 

E. C. KXIGHT, 

R. A. LAMBERTON, 
AUG. S. LAXDIS, 
GEO. V. LAWRENCE, 
WM. LILLY, 
W. E. LITTLETOX. 
WAYNE MacVEAGH, 
THOMAS MacCOXXELL, 
JOEL B. McCAMANT, 
WM. McCLEAX. 
JXO. McCULLOCH, 
MORTON M( MICHAEL, 
JOHN McMURRAY, 
FRANK MAXTOR, 
J\o. J. METZGER, 
SAMUEL MIXOR, 
LEWIS Z. MITCHELL, 
JAMES W. M XTAYLIX, 
JEROME B. XILES, 
G. W. PALMER, 
HENRY W. PALMER, 
HENRY C. PARSONS 
I). W. PATTERSON, 
T. H. BAIRD PATTERSON, 
JOSEPH G. PATTOX, 
DAN S. PORTER, 
LEWIS PUGHE, 
ANDREW A. PURMAN, 
JOHX X. PURVIANCE, 
SAML. A. PURVIANCE, 
JOHX R. READ, 
AND. REED, 
LEVI ROOKE, 
GEO. ROSS, 
C. M. RUXK, 
SAML. L. RUSSELL, 

j. Mcdowell sharpe, 

J. ALEXAXDER SIMPSON, 

H. G. SMITH, 

HENRY W. SMITH, 

WM. H. SMITH, 

M. HALL STANTON, 

JNO. STEWART, 



174 CIVICS OF PENNSYLVANIA 

THOMAS STRUTHERS, SAML. M. WHERRY, 

BENJAMIN L. TEMPLE, DAVID N. WHITE, 

WM. J. TURRELL, HARRY WHITE, 

HENRY VAN REED, GEO. W. WOODWARD, 

J. M. WETHERILL, EDWARD R. WORRELL, 

JNO. PRICE WETHERILL, CALEB E. WRIGHT. 

Filed in the Office of the Secretary of the Commonwealth, November 

i3> 1873. 

M, S. QUAY, 
Secretary of the Commonwealth 



AMENDMENTS TO THE CONSTITUTION OF PENN- 
SYLVANIA 

Amendment No. i 

On November 5, 1901, Section 1 of Article 8, by a vote of 214,798 for 
and 45,601 against, was amended so as to read as follows: 

Sec. 1. Every male citizen twenty -one years of age, possessing the 
following qualifications, shall be entitled to vote at all elections, subject 
however to such laws requiring and regulating the registration of elect- 
ors as the General Assembly may enact : 

1. He shall have been a citizen of the United States at least one month. 

2. He shall have resided in the State one year (or, having previously 
been a qualified elector or native born citizen of the State, he shall have 
removed therefrom and returned, then six months) immediately preced- 
ing the election. 

3. He shall have resided in the election district where he shall offer 
to vote at least two months immediately preceding the election. 

4. If twenty-two years of age and upwards, he shall have paid within 
two years a State or county tax, which shall have been assessed at least 
two months and paid at least one month before the election. 

Amendment No. 2 

On November 5, 1901, Section 4 of Article 8, by a vote of 194,053 for 
and 41,203 against, was amended so as to read as follows: 



CONSTITUTION OF PENNSYLVANIA 175 

Sec. 4. All elections by the citizens shall be by ballot or by such 
other method as may be prescribed by law: Provided, That secrecy in 
voting be preserved. 

Amendment No. 3 

On November 5, 1901, Section 7 of Article 8, by a vote of 180,521 for 
and 48,634 against, was amended so as to read as follows: 

Sec. 7. All laws regulating the holding of elections by the citizens 
or for the registration of electors shall be uniform throughout the State, 
but laws regulating and requiring the registration of electors may be 
enacted to apply to cities only: Provided, That such laws be uniform 
for cities of the same class. 



INDEX 



Adjutant general, 29-30. Collector, township, go. 
Administration, city, 96; county, 77; Commissioners, banking, 29 ; county, 
state, 24-35; township, 14,86. 14, 77— 7S ; fisheries, 31; forestry, 
Aldermen, 64-65, 173. 31; health, 28; highways, 31; 
Amendments, 53, 164, 174-175. insurance, 29; jury, 81-82; town- 
Appropriations, 127. ship, 87. 

Assessors, county, 14; township, Committees, bills referred to, 49; 

in House, 40; in Senate, 49-50; of 



Attorney-general, 25. 
Auditor general, 26. 
Auditors, county, 79. 
Bill of Rights, 113-116. 
Bills, indorsement, 45 ; form, 44 ; pas- 
sage, 46; printing, 45; reading. 



the whole house, standing, select, 
conference. 40-50. 
Constable, township, 90-91. 
Constitution, 54; amendment, 
new, 53—54; Pennsylvania, Appen- 
dix II. 1 13-174. 

45-46; referred to committee, 45; Controller, city, q8; county, 79-80. 

revenue, 44—45; veto, 20-21. Coroner, 76-7 

Board of accountants, 34; armory Corporations, 158-161. 

affairs, 32; college and university Council, common and select, 99. 

council, 34; free library commis- Counties, creation of new, 72; num- 

sion, 34; game commissioners, ^^; ber of, in Pennsylvania, 72; offi- 

geological survey commission, 34; cers, 73-75. 156-157 ; powers of, 73. 

live-stock sanitary, 33-34; medical County, 11-12, 

council, 33; medical examiners, 33; Court reports, 60. 

military affairs, 32; pardons, 32, Courts see Judiciary), county, 12-13, 

132; property, 32; public ac- 60-65; aldermen's, 64-65; corn- 



counts, ^^; public charities, 33; 
public grounds and buildings, 34 ; 
revenue commissioners, 32 ; sinking 
fund commissioners, 32 ; soldiers' 
and orphans' school commission, 
S3; water supply commissioners, 

33- 

Boroughs, 99-100. 

Carriers, 1 61-164. 

Charter, of Pennsylvania, 3; of 
privileges, how granted, 8: changes 
in Assembly and Provincial Coun- 
cil, 8. 

Cities, 158. (See Municipalities.") 

Clerks, county, 12. 68: township, 88. 

177 



mon pleas, 13, 62; jurisdiction, 
62-63; coroner's, 64; justice of 
the peace, 12, 64; magistrates, 66; 
orphans', 15, 63; oyer and termi- 
ner, 58, 62-63; quarter sessions, 
13,63; jurisdiction, 63; register's, 
64; superior court, 59-60; sessions, 
jurisdiction, appeals, judges, how 
chosen, term, salary, 50; supreme 
court, 13, 57-50; sessions, 57—58; 
jurisdiction . 57; appeals, 58—59; 
decisions, 60; judges, how chosen, 
term, qualifications, limitations on 
office, oath of office, 57; chief jus- 
tice, associate justices. 57. 



i 7 8 



INDEX 



Departments of city. (See Munici- 
palities.) 

Departments of state, 24-29; attor- 
ney-general, 25 ; auditor general, 
26; banking, 29; factory inspec- 
tion, 28; fisheries, 31 ; forestry, 31; 
health, 28; highways, 31; insur- 
ance, 29; internal affairs, 26; 
bureaus, 26-27; mines, 28; public 
instruction, 25, 136; public print- 
ing, 31; state, 25; state police, 29; 
state treasurer, 26; war, 29-30. 

Director of public health and chari- 
ties, 97; public safety, 97; public 
supplies, 97; public works, 97. 

Directors of poor, 14, 82-83, 90. 

Districts, 51-52; division of state 
into senatorial and representative 
districts, 51; judicial districts, 52, 
60-62. 

Dutch settlers, 1. 

Economic activities of state, 30. 

Education, 10 1, 154; compulsory at- 
tendance, 103; powers of board 
of education, 101-102; school dis- 
tricts, 101 ; teachers, 103-104. (See 
Superintendent, county.) 

Elections, 106, 145-150; general, 
106; inspectors, 14, 105; voting, 
106. 

Executive, 130. (See Governor.) 

Factory inspector, how chosen, term, 
salary, 28. (See Department of 
Factory Inspection.) 

Frame of Government, 3-6; com- 
position and principles, 3-4; dis- 
carded, 7. 

Freedom of press, 114. 

Freeholders, 14-15. 

Friends, settlers of Pennsylvania, 1 ; 
customs, 2. 

General Assembly, election, 4; first 
assembly, 5 ; modeled after New 
York, 7; number of members, 4; 
powers, 6; term, 4. 

Germans, 1. 
Gerrymandering, 51-52. 
Government activities, density of 
population, degree of enlighten- 
ment, industrial progress, 24; 



departments, 24-25 ; division of 
departments into three groups, 24; 
new departments, 24. 

Government of Pennsylvania, colo- 
nial, 1-10; defects, 9-10; proprie- 
tary in form, 9; local, counties and 
towns, 10; manorial system, 10; 
Pennsylvania a type of local gov- 
ernment, 15; independent county 
system, 15; county commissioner 
system adopted, 15; state, legisla- 
tive, executive, and judicial, 17. 

Governor, 17-22; executive power, 
18-20; how elected, 18-19; judi- 
cial power, 2 1 ; legislative power, 
20-21; military power, 21-22; oath 
of office, term, salary, 19; qualifi- 
cations, 18. 

" Great Law," the, 3-6. 

House of Representatives, state, 36, 
39; apportionment, 39; bills (see 
Bills) ; committees, 49 ; number of 
members, 39; order of business, 
43; organization, 39-40; powers 
and duties, 39. 

Impeachment, 143. 

Inspectors, election, clerks, 14. 

Judges, county courts, 13, 61; su- 
perior court, 59; supreme court, 
57. (See Courts, judiciary.) 

Judiciary^ 57-70, 136-143; power 
vested in courts (see Courts). 

Juries, 65-66; right of trial by jury, 
65, 115; grand jury, 65-66; petit 
jury, 65-66 ; duties of grand jury, 66 ; 
sheriffs' juries, 66; coroners' juries, 
66; road juries, 66; jury com- 
missioners (see Commissioners). 

Jurors, challenge, 65; how chosen, 
65 ; petit, 66. 

Justices of the peace, 12, 64. 

Legislation, prohibited, 42-43 ; classes, 

5°- 
Legislature, chief business, 42, 50; 
convenes, 36; introduction of refe- 
rendum, 54; limitations on powers, 
54; legislative power vested in 
General Assembly, 36, 118-130; 
powers and duties, 42 ; special ses- 
sions, 36; subservient to Constitu- 



INDEX 179 

tion, 54. (See General Assembly: Prothonotaries, 12, 67-68, 138, 

House of Representatives and Sen- Provincial Council, 4, 6-7; abolished 

ate.) as an elective body, 8; appointed 

Lieutenant governor, 22, 131. by governor, 8; elected by ballot 

Magistrates. 64-65. governor as president, 4; ruimber 

Maintenance of stat of members, 4; powers and du: 

Mayor, 96. term, 4; 

Menonnites, 1. Railroads, 161-166. 

antile appraisers, S^. Receiver 

Mine inspectors, how chosen, term, Recorder of deed- - -76. 

salary, duties, 28. (See Depart- Register of wills, fc 

ment of Mines.) Registration, 108. 

vians, 1. Religion, 1, 114. 

how acted upon, Representatives, how chosen, ^6. 

presentation, 47. term, 39; qualifications, 39; sal 

Municipalities, 92-100; charters 92- 36. jislature.) 

93 ; powi -oblem of muni- Resolutions, 46. 

cipal government, 93 Revenue, 52. 126. (See Taxation.) 

of immigration, 04; conflict be- Schedule, 105-174. 

tween city and state local author- Schools. (See Education.) 

itv, 04-0; : city a business corpora- Secretary of agriculture, how chosen, 

tion, 94 96; officers, q6; term, salary, duties, 30. 

classes, 96-98; legislative au- Secretary of commonwealth, how 

thority, 99; select council and chosen, term, salary, duties 

common council, 99; depart- Secretary of internal affairs, how 

ments, publu - term, salary, d 

works, 07: public health and 5 committees, 4c- 

charities. 07; public suppli - order of bu- organization, 

receiver oft, - nd duties, 

city controller, 9S; law, 98. torial district- 

iiy public, 6q-- te, how chosen, y 

Oath of office, 144. qualifica: 

Offic -7. (See County, Sheriff, :. 

Township, Municipals : Solicitor, 

Overseers of the poor. (See Directors Speaker of House, 41 ; powers, 41. 

of the poor.) Suffrage 105 ; qualifications of v 
12. 

Penn, William, Frame of Govern- Superintendent, count; ^ub- 

ment, 3-4; government taken from lie instruction, 25; public prir.: 

hin )] leader of te police. - 

friends, 2; petitions king for land Supervisors of highways, 14-15, 89- 

gra nt , 2 ; pow 90. 

and character, 2 ; treaty with the Surveyor, county, 8 

Indians. - :ish settlers. 1. 

Pennsylvania, as a colony, 1—3. Talesmen, 66. 

Petitions, 46-47: indorsement, 47. Taxation, 109-111, 151-154. 

Philadelphia incorporated, o. Monial period. 

President of Senate. 41 ; pro tempore, 100-110; city, iio-in; county, 

41. 109-110; exemption, in 

Protection of citizens, : _ Tipstaff, 68. 



180 INDEX 

Township, 86-91; an administra- Treaty with Indians, 3 

tive organ, 14; formation, 86-87; Veniremen, 65. 

officers, 87-91; powers, 86. Veto power, 7, 20-21, 133. 

Treasurer, city, 98; county, 80; Warrants, 90-91. 

state, 26; township, 88. Writs, 90-91. 



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record of events. It is a philosophical treatment" of the rise 
and development of the nation both socially and politically. 
It is as attractive in style and as interesting in its manner of 
statement as the earlier books by this author, and is excel- 
lently adapted for the use of advanced students. Especial 
attention is given to the political and constitutional phases 
of the subject. Emphasis is laid on cause and effect as 
illustrated in American history, numerous facsimiles of 
original documents are shown, and nearly fourteen hundred 
references to other authorities are cited. The last impres- 
sion of the book includes a list of important decisions of 
Chief Justice Marshall and an account of the accession of 
President Roosevelt. 



GINN & COMPANY Publisher. 



